N.Y. County Law 215 – County property; general provisions
§ 215. County property; general provisions. 1. The board of supervisors shall have the general care and control of the corporate real and personal property of the county.
Terms Used In N.Y. County Law 215
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
2. All contracts and conveyances made by or to the county, or on its behalf, shall be made in the name of the county.
3. The board may acquire by purchase or condemnation and accept by gift real and personal property for lawful county purposes. The board may also lease for county purposes real property for terms not exceeding five years with the privilege of renewal, except that in the county of Cattaraugus the board may, subject to referendum provided in § 24 of the municipal home rule law, lease for county purposes real property for terms not exceeding ten years with the privilege of renewal. Parking areas may be regulated and a reasonable charge imposed. Necessary buildings may be erected, altered, remodelled and otherwise improved. Such buildings may be named, maintained and kept in repair, furnished and equipped for such public purposes. Adequate insurance of all types may be provided. When not otherwise provided by law, the board of supervisors may employ a custodian of any building or buildings and the grounds in connection therewith, or such custody may be made the duty of any county officer.
4. Upon the determination by the board of supervisors that county real property is not required for public use, such property may be leased for a term not exceeding five years upon such terms and conditions as may be prescribed by the board in the same manner and with the same rights and privileges as if owned by an individual.
5. When the board of supervisors shall determine that any county real property is no longer necessary for public use such board by resolution adopted by the affirmative vote of two-thirds of the total membership of the board taken by roll call and entered in the minutes, may sell and convey all the right, title and interest of the county therein.
6. Such property may be sold or leased only to the highest responsible bidder after public advertisement.
7. The income and proceeds of lease and sale of any county real property may be applied toward the payment of the cost of new sites and buildings or expended for other lawful county purposes.
8. The provisions of subdivisions four, five, six and seven of this section shall not apply to the disposition of real property acquired pursuant to section eight hundred fifty of this chapter, acquired by tax title or accepted for welfare assistance, or to lands purchased or acquired for highways or canals.
9. The sale or other disposition of personal property no longer necessary for public use, together with the application of the proceeds thereof, shall be in accordance with rules and regulations adopted by the board of supervisors, except as otherwise provided by law.
10. Nothing herein shall be construed to authorize the sale or lease of any county property where such disposition is prohibited or restricted by law.
11. The board of supervisors shall have the power, by resolution or local law, to adopt and enforce rules, regulations or ordinances covering the use of, parking on, and traffic in and through, any county-owned or county-leased property, except as to any roads or other property under the jurisdiction and control of the state of New York or any of its agencies. The board shall have the power to provide that the violation of any one or more of such rules, regulations, or ordinances (a) shall constitute on offense and that a person guilty of such offense may be punished by a fine of not exceeding one hundred dollars, or by imprisonment not exceeding thirty days, or by both such fine and imprisonment, or, in the alternative, (b) shall be enforced by prescribing a penalty not exceeding one hundred dollars in any one case, to be recovered in a civil action in any court having jurisdiction thereof, which action shall be brought in the name of the county.