[HISTORY: Adopted by the Suffolk County Legislature 10-14-1980 by L.L. No.
26-1980 (Ch. 342 of the 1985 Code). Amendments noted
where applicable. Uncodified sections of certain local laws amending
these provisions are included at the end of this chapter.]
This chapter shall be known as the "Land Acquisition Public
Disclosure Law of Suffolk County."
As used in this chapter, the following terms shall have the
meanings indicated:
The transfer to the County of Suffolk of an interest in real
property by contract, bid or negotiation.
A declaration, the contents of which are acknowledged before a notary public, containing information required under § 551-6 of this chapter.
A statement to be included as a material part of a contract
for acquisition, imposing upon the property owners a contractual and
statutory duty to file a certified public disclosure statement.
Any individual, proprietorship, association, partnership
or corporation that has title to real property in Suffolk County.
Includes, but is not limited to, rights-of-way, farmlands,
vacant lands, development rights, leases and easements.
A full disclosure statement is to be included in all transactions
or contracts in which the County is acquiring an interest in real
property. Such full disclosure statement shall constitute a material
part of the contracts and/or transactions.
[Amended 10-20-1994 by L.L. No.
21-1994; 11-20-2018 by L.L. No.
28-2018]
A property owner shall file a certified public disclosure statement with the Director of the Division of Real Property Acquisition and Management and the Director shall file said statement with the Clerk of the Suffolk County Legislature prior to or simultaneously with the filing of legislation with the Suffolk County Legislature calling for approval of an acquisition of real property by the County of Suffolk. The property owner shall file an updated disclosure statement whenever there is a change in any information required to be filed, pursuant to § 551-6 of this chapter, up to the time of final acquisition of the property by the County. It is the intention of this section to place a continuing duty of disclosure upon the property owner until actual transfer of title.
[Amended 10-20-1994 by L.L. No.
21-1994; 11-20-2018 by L.L. No.
28-2018]
No resolution approving an acquisition of real property by the
County of Suffolk shall be acted upon by the County Legislature unless
and until a certified public disclosure statement is filed with the
Clerk of the County Legislature. Any certified public disclosure statement
containing fraudulent information shall constitute for all purposes
a failure to file such statement in the first instance.
[Amended 10-20-1994 by L.L. No.
21-1994; 11-16-2004 by L.L. No.
38-2004; 11-20-2018 by L.L. No.
28-2018]
A certified public disclosure statement required by this chapter
shall include:
A.
If the seller is an individual or individuals, disclose whether the
individual or individuals are officers or employees of the County
of Suffolk.
B.
If the seller is a corporation, partnership, association, limited-liability
company or other business entity, a complete list of the names and
addresses of those individuals, whether they are shareholders, partners
or trustees, holding at least a 5% interest in the corporation, partnership
or association.
C.
The table of organization for the entity, which shall include the
names and addresses of all individuals serving on the Board of Directors
or comparable body and the names and addresses of all partners and
the names and addresses of all corporate officers. The property owner
shall conspicuously identify any such person in this table of organization
who is an officer or an employee of Suffolk County.
D.
The names of all mortgagees, lienors and judgment creditors having
an interest in the property to be acquired.
E.
The names and addresses of all commissioned sales agents, attorneys,
and any other party with a direct financial interest in the consummation
of the real estate transaction.
F.
The names and addresses of the real estate broker or brokers (co-brokers,
listing or selling) who will earn a commission as a result of the
consummation of a lease agreement between the County of Suffolk and
a property owner/landlord represented by said broker or brokers, and
a complete list of the names and addresses of commissioned sales agents,
attorneys, and any other party with a direct financial interest in
the transaction. If such broker is organized as a private corporation,
partnership, or association, then this information shall include the
names and addresses of all individuals holding at least a 5% interest
in the corporation, partnership or association, and the names and
addresses of all corporate officers and all individuals serving on
the Board of Directors, together with conspicuous identification of
any such person in the table of organization of said corporation,
partnership or association who is an officer or an employee of Suffolk
County.
[Amended 8-25-1981 by L.L. No. 34-1981]
A.
This chapter shall not apply to real property to be acquired for
a sewer district project or for County governmental purposes wherein
the County exercises its authority to proceed by condemnation pursuant
to the Eminent Domain Procedure Law of the State of New York.
B.
This chapter shall not apply to real property to be acquired from
corporations traded on recognized national/regional stock exchanges
or traded on the over-the-counter stock market, wherein said corporations'
stock is publicly held.
C.
This chapter shall not apply to real property to be acquired from
corporations and other associations duly licensed by the State of
New York for the banking or insurance industry.
Under no circumstances shall the County be held liable for damages
for failure of the owner to file public disclosure statements.
