§ 3.17 Acquisition and disposition of property. 1. Notwithstanding any other provision of law, the commissioner may acquire such property as may be necessary for the purposes and functions of the office, within the amounts appropriated or available therefore. Such property may be acquired pursuant to the provisions of the eminent domain procedure law, or by purchase, lease, exchange, grant, condemnation, gift, devise, bequest, or by any other lawful means. No real property shall be so acquired unless the title thereto is approved by the attorney general. Notwithstanding the provisions of § 11 of the state finance law, the commissioner may accept a conditional grant, gift, devise or bequest with the approval of the director of the budget. Title to real property which is acquired shall be taken in the name of and be vested in the people of the state of New York.

Terms Used In N.Y. Parks, Recreation and Historic Preservation Law 3.17

  • Bequest: Property gifted by will.
  • Devise: To gift property by will.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

2. Notwithstanding the provisions of the state finance law, or of any other law, the commissioner is hereby authorized to receive, hold and administer property, and the income thereof, acquired by grant, gift, devise or bequest, either absolutely or in trust. The commissioner may establish a special fund or funds consisting of monies so acquired and may administer and expand such monies in accordance with the terms and conditions of such grants, gifts, devises or bequests.