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MANUAL
500-2
SECTION
01.3
REAL
PROPERTY MANAGEMENT REPORTS
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BUREAU
OF MANAGEMENT ANALYSIS AND PROJECTS
1. Purpose
This procedure describes the reports that must be prepared for
real property transactions.
2. Applicable Law and/or Guidance
Thruway
Real Property Management Policy (
3. Introduction
Pursuant to Title 9 of Article 2 of the Public Authorities Law,
the New York State Thruway Authority (Authority) is responsible for the
financing, construction, reconstruction, improvement, development, maintenance
and operation of the highway system known as the Thruway. In furtherance of such responsibilities, the
Authority has the power to acquire and hold in the name of the State, by
purchase or appropriation, real property, or rights or easements therein such
real property, and to sell, exchange or otherwise dispose of real property not
necessary for its corporate purposes, or whenever the Board shall determine
that it is in the interest of the Authority.
The Authority also has the power to lease, or to grant Permits to
occupy, real property not presently required for Thruway purposes but held for
future use in carrying out its corporate purposes, upon such terms and
conditions and uses as the Board shall determine.
As part of the Public Authorities Accountability Act of 2005
(PAAA) and State Finance Law §139-j and §139-k (Lobbying Law), various reports
related to land use transactions must be filed as described in this procedure.
4. Procedure
4.1. Real Property Inventory Report
4.1.1. Finance shall
maintain an inventory of all real property under the jurisdiction of the Authority.
4.1.2. An
annual inventory report shall be submitted by Finance to the State Comptroller,
the Director of the Budget, the Commissioner of General Services and the Legislature.
4.1.3. The
annual report shall contain the following information for all real property:
· A list and full description of all real property disposed of
during the year;
· The price received by the Authority; and
· The name of the purchaser.
4.2. Explanatory Statement
4.2.1. An EXPLANATORY
STATEMENT+ must be prepared by the Bureau of Real Property
Management (BRPM) for disposals by negotiation at least ninety (90) days in
advance of any disposal that exceeds the following thresholds:
· Real property that has an estimated fair market value in excess
of $100,000, except by lease or exchange;
· Real property disposed of by lease for a term of five (5) years
or less, if the estimated fair market annual rent is in excess of $100,000 for
any of such years;
· Real property disposed of by lease for a term of more than five (5)
years, if the total estimated rent over the term of the lease is in excess of $100,000;
or
· Any real property or real and related personal property disposed
of by exchange, regardless of value, or any property any part of the
consideration for which is real property.
4.2.2. BRPM will
submit a copy of the EXPLANATORY STATEMENT to the State Comptroller, the
Director of the Budget, the Commissioner of General Services and the Legislature.
+ Exhibit 1
4.2.3. A
copy of the statement and any responses will be kept in the Transaction Record.
5. Complying with §139-j and §139-k of the
State Finance Law (Lobbying Law)
Any contact (inquiry, etc.) made regarding
a real property transaction following the THRUWAY TRANSACTION
ANALYSIS/RECOMMENDATION (TTAR) form (TA-N5116) approval for negotiated sales
and subsequent to the first notice of a competitive process for disposal of
such real property (solicitation, RFP, etc.) is subject to the Lobbying Law and
must be recorded. See the Executive
Instruction entitled INAPPROPRIATE LOBBYING INFLUENCE IN AUTHORITY/CORPORATION PROCUREMENTS.
6. Responsibilities
BRPM shall coordinate the submittal of EXPLANATORY STATEMENTS.
Finance shall maintain
the real property inventory and coordinate submission of the annual report.
EXHIBIT 1
EXPLANATORY STATEMENT
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