Authorizes the commissioner of transportation to convey certain land to the town of Andover, in the county of Allegany

BILL NUMBER:S4560B

Title of bill

An act authorizing the commissioner of transportation to transfer certain lands in the county of Allegany to the town of Andover

Purpose

Authorizes the commissioner of transportation to convey certain land to the town of Andover, in the county of Allegany, for the purposes of operating the Town Highway Department.

Summary of provisions

Section one, notwithstanding any other provision of law, authorizes the commissioner of transportation to transfer and convey, in whole or in part, lands located in the town of Andover, county of Allegany, for the sum of $1.

Section two sets forth the metes and bounds description of the parcel of land authorized to be transferred and conveyed to the town of Andover, which is approximately 2.855 acres of land.

Section three provides that application for the transfer or conveyance must include a survey of the property described in section 2 of the bill.

Section four provides that the Town of Andover must make an application to the DOT within one year after the effective date in order for the transfer to occur.

Section five provides that the land transferred to the Town of Andover shall be used to advance the public purpose of providing lands for the storage of materials, and the storage, repair and maintenance of equipment needed to maintain the town highway system, and it provides for the reversion of such lands back to the state if at any time the land ceases to be used for the purposes intended in this act.

Section five provides an immediate effective date.

Justification

The New York State Department of Transportation (DOT) has agreed to allow the Town of Andover to use this land so long as it advances the public purpose of providing the town with additional lands for the storage of materials and the storage, repair and maintenance of equipment needed to maintain the town highway system. Several years ago, DOT informally abandoned the property, moving their operations to Wellsville. DOT no longer has use for the land.

Since DOT's informal abandonment of the property, the Town of Andover has occupied the property, obtained the appropriate Department of Environmental Conservation permits for the maintenance facility on the property, and has transferred the utilities to the town.

This legislation serves as a formality to a preexisting agreement between the Department of Transportation and the Town of Andover, Allegany County.

In summary, this legislation provides for the State of New York to transfer its former Department of Transportation sub-residency facility to a subdivision of the State (Town of Andover) for a sum of $1, requires that a survey of said property be provided during conveyance, requires the transfer of property to be subject to any provisions included in the legislation, states the amount of acreage to be transferred at 2.855 acres, and provides that all improvements on such land be included as a component of the transfer.

Legislative history

2013: S.4560/A.7059 Passed the Senate

Fiscal implications

None to State.

Effective date

Immediately.