Suffolk County, NY Article XL County Real Property

[Added 2-7-2012 by L.L. No. 16-2012]

§ A40-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:

COMMISSIONER

The head of the Department.

DEPARTMENT

The Suffolk County Department of Economic Development and Planning.

PERSON

Any natural person, individual, corporation, unincorporated association, limited-liability corporation, firm, public corporation, partnership, joint venture, trust, joint-stock association or other entity or business organization of any kind.

§ A40-2 Lease of property.

A. Notwithstanding the provisions of § 352 of the New York General Municipal Law, the County may lease, for a term not exceeding 40 years, real property acquired for airport purposes and not necessary for the efficient and proper operation of the airport, and for such other purposes as the Legislature may determine, provided that such other purposes do not interfere with the proper and efficient operation of the remainder of the airport. Notwithstanding the foregoing limitation, property located within the Airport Planned Development District may be leased for an initial term not exceeding 40 years, with the option to extend the lease for a term not to exceed an additional 40 years.

B. Notwithstanding the provisions of § 215, Subdivision 4, of the New York County Law, after a determination by the Suffolk County Legislature that County-owned property is not required for public use, such property may be leased through the Suffolk County Division of Real Property Acquisition and Management in the Department for a period not exceeding 25 years, upon such terms and conditions as may be prescribed by the County Legislature by resolution, in the same manner and with the same rights and privileges as if owned by an individual, to a public corporation; to a not-for-profit corporation; or to an association, corporation, or other legal entity which has been granted a charter for educational purposes from the New York State Department of Education.

§ A40-3 Procedure for redemption of property under Suffolk County Tax Act.

The following rules and regulations for the sale of property acquired by Suffolk County pursuant to § 46 of the Suffolk County Tax Act shall apply:

A. Application for release of property acquired pursuant to the Suffolk County Tax Act. The County's interest in property acquired pursuant to the Suffolk County Tax Act may be released, as herein provided, on the application of any party who had an interest in the property at the time of application, up to six months from the date of the recording of the County's deed, as defined in Subsection B herein. A party with an interest in the property shall include every person to whom any estate or interest in the real property is conveyed in good faith for a valuable consideration, including but not limited to a contract vendee and any purchaser of real property pursuant to a judicial sale in a mortgage foreclosure action. A party with an interest in the property, as defined herein, shall be the recipient of the quitclaim deed which is executed and delivered pursuant to Subsection H herein. A party in interest shall not be deemed to include the County of Suffolk. No party, whether a party in interest or otherwise, may apply for or be granted a release of property acquired in fee title by the Suffolk County Landbank Corporation pursuant to the Suffolk County Tax Act or acquired in fee title by a third party pursuant to the Suffolk Tax Act where the lien had previously been transferred to such third party by the Suffolk County Landbank Corporation.

[Amended 10-6-2015 by L.L. No. 35-2015]

B. Time for making application. Any application under this section must be made within six months after the date of the recording of the County's deed.

C. Form of application. All applications shall be made in writing to the Commissioner on a form prepared by him or her. The application shall contain the name and address of the applicant, the date on which the County's deed was recorded and the recording data, a full description of the instrument upon which the applicant's interest derives, including the date of execution, the date and place of the recording, or entry of said instrument and the parties thereto, and a statement specifying the nature of the applicant's interest in the property, and shall be verified. If the applicant's interest arises by reason of the death of a prior owner or by operation of law, the application shall also state the applicant's relationship to the decedent and shall include whatever additional information may be necessary to establish the applicant's right to make the application.

D. Supporting documents. Each application shall be accompanied by a certificate or certified search of any lawyer's title insurance or abstract company authorized to do business under the laws of the State of New York. Such search or certification shall recite the recording data as to all instruments affecting the premises for the period of 10 years preceding the date of recording of the County's deed. If the applicant's interest derives other than from an instrument recorded in the County Clerk's office, a certified copy of the instrument from which such interest derives shall accompany the application. In a proper case, the Commissioner may require the applicant to submit an affidavit containing relevant information as to the applicant's interest in the property and the source or derivation thereof.

E. Fee. The sum of not less than $200 and not more than $500, as determined by the Commissioner, as a fee to cover the County's expenses shall be paid at the time of submission of the application. Such fee shall be nonrefundable except pursuant to Subsection I of this section.

F. Consideration for release. The County's interest may be released only after payment, as to each parcel to be released, of the following sums of money:

(1) The amount of the County investment in the property as determined by the County Comptroller. Said amount shall include the principal amount due on all unpaid taxes, assessments, water charges and sewer rents arising from County warrants, together with interest and penalties to the date of the tax sale, taxes assessed after the date of the tax sale, including the amount of the taxes that would have been assessed during the period following the sale when the County is required to pay only school taxes, together with the statutory interest computed to the date of the tax deed and thereafter at the rate of 6% to the date of payment, plus any amounts payable to the Suffolk County Department of Social Services which are attributable to any former owner. With regard to the satisfaction of the indebtedness to the Department of Social Services, the Commissioner, with the written consent of the Commissioner of the Department of Social Services, may accept from the social services recipient only a repayment agreement or new bond and mortgage in lieu of payment of any or all indebtedness.

[Amended 6-17-2014 by L.L. No. 32-2014]

(2) Five percent of the amount computed pursuant to the preceding Subsection F(1).

(3) Any deficiency which may result to the County after all payments made by it for the repair, maintenance, and operation of the property shall have been charged or debited in the appropriate accounts of the County and all rents, license fees, and other moneys collected by the County as a result of its operation of the property shall have been credited in such accounts. Any contract for repair, maintenance, management, or operation made by the County on which it shall be liable, although payment thereon shall not have been made, shall be deemed a charge or debit to such accounts as though payment had been made. The amounts paid and collected by the County as shown in its accounts and the necessity for making the several payments and contracts to be charged as herein provided shall be conclusive upon the applicant. Where a deficiency under this section shall be created or increased by the failure of the County to collect rents, license fees, or other moneys to which the County may have been entitled, the right to collect or bring action for the same shall be assigned and transferred to the applicant by an instrument in writing.

(4) Any and all costs and disbursements which shall have been awarded to the County or to which it may have become entitled by operation of law or which it may have paid or become liable for payment in connection with any litigation between it and the applicant or any person having an estate or interest in the real property to be released resulting directly or indirectly from the foreclosure by action in rem of the delinquent taxes affecting said property.

(5) The cost of giving the notices as hereinafter provided for.

G. Consideration of application. Subject to the provisions of Subsection I, the Commissioner, or his or her designee, shall promptly consider the application and make a finding and determination as to the applicant's entitlement to a deed of the County's interest in the property. In making such determination, the Commissioner, or his or her designee, shall consider all appropriate, relevant, and equitable matters. If the Commissioner, or his or her designee, ascertains that others than the applicant have an interest in the property, he or she may enlarge his or her inquiry as necessary, request further supplementary application, and, as in the case of infants or incompetents, determine that the grantee in the County's instrument of conveyance should be all those in whom title should vest and to what, if anything, such title should be subject.

H. Instrument of release. If the Commissioner, or his or her designee, shall find and determine that the premises should be released and conveyed to the applicant, or to the applicant and others, upon the payment of the proper consideration, he or she shall convey the County's interest by the execution and delivery of a quitclaim deed. The Commissioner's delivery of such deed shall be given only pursuant to the direction of the County Legislature evidenced by the enactment of a resolution authorizing the conveyance.

I. Superior governmental interest. If, before the County's instrument of release is given, it is found that the governing village, town or county within which said real property is located has a governmental need for the premises and has enacted a resolution specifically stating the nature of that governmental need, the Commissioner, or his or her designee, shall stay any further proceedings on the application other than pursuant to this section. In such a case, if the County Legislature then enacts into law a resolution determining that the property is needed for a specifically identified governmental purpose within six months after the filing of the application, the application shall be denied and the application fee returned to the applicant. If no such resolution is passed within said period, the Commissioner, or his or her designee, may reconsider the application within three months after the expiration of the above six-month period.

J. Notice to be given. Annually, in the official papers of the County and each of the towns therein, by a display advertisement of not less than 1/4 page, the Commissioner shall give notice of the opportunity afforded by this section to redeem property sold for taxes, in substantially the following form:

[Amended 6-17-2014 by L.L. No. 32-2014]

	NOTICE
	OF OPPORTUNITY TO REDEEM PROPERTY FROM SUFFOLK
	COUNTY TAX SALE
	A list of parcels of land acquired by Suffolk County as the result of tax sales has been completed by the Department.
	The former owners thereof may apply to reacquire the property.
	The list may be seen and applications to reacquire may be filed at the Department of Audit and Control, Suffolk County Center, Riverhead, New York 11901.
	Applications should be made promptly.
		Commissioner
		Phone:

K. The foregoing regulations may be amended only by local law.

§ A40-4 Disposition of property acquired through Suffolk County Tax Act.

A. The Suffolk County Tax Act, the local law providing for a further redemption period, and the Suffolk County Administrative Code afford a reasonable opportunity to pay the real property taxes with interest and penalties in cases where they were not paid in the year for which they were levied. When, then, all opportunity for statutory redemption expires without action on the part of the taxpayer and the County takes title to the property, the selling process shall commence immediately.

B. The Department is hereby designated as the agency to implement this section.

C. The Commissioner shall be the custodian and depository of all instruments thereafter recorded in the County Clerk's office conveying any interest in real property to the County or any agency or district thereof authorized to acquire and hold such an interest in behalf of such agency or district.

D. Upon the County acquiring an interest in real property by tax deed, the Commissioner shall advise the County Executive, the Commissioner of Public Works, the Commissioner of Parks, Recreation and Conservation, the Commissioner of Health Services, the Director of the Division of Planning and Environment, the Clerk of the County Legislature, and such others as by management order of the County Executive or resolution of the County Legislature shall be designated, thereof. Those so advised shall, within four weeks, report in writing to the Commissioner whether they wish consideration to be given to holding such interest for a County purpose, together with the reasons for such proposed retention. Parcels acquired by tax deed that are located within the Mastic-Shirley conservation area, with the exception of Suffolk County Tax Map Number 0200-984.60-10.00-002.000, as defined in the Comprehensive Master List, shall, in all cases, be retained by the County for open space preservation purposes.

[Amended 7-26-2016 by L.L. No. 23-2016; 12-18-2018 by L.L. No. 11-2019; 10-2-2019 by L.L. No. 34-2019]

E. The County Executive, the Presiding Officer of the County Legislature, and the Commissioner, or their designees, shall constitute an appeals committee to screen requests for the retention of property interests acquired by tax deed. Such committee shall meet from time to time to consider all such requests, and shall recommend to the County Legislature those property interests that should be retained by the County.

[Amended 7-26-2016 by L.L. No. 23-2016]

(1) For the purpose of siting decentralized septic treatment systems, the appeals committee and the County Legislature shall only consider those parcels that have been recommended or requested for retention for this purpose by a town or village resolution, the Commissioner of the Department of Health Services, the Director of the Division of Planning and Environment or by the County Legislator representing the district where the property is situated.

(2) In the event the appeals committee and the County Legislature approve the retention of a property for the purpose of siting a decentralized septic treatment system, such approval shall lapse after two years, at which time the property will return to the County's inventory and be made available for auction or another purpose determined by the County Legislature.

F. Using such County personnel as are available from time to time, the Commissioner, or his or her designee, shall cause to be made an appraisal of each parcel of land acquired by tax deed.

G. Public auction. All parcels approved for disposition, except those that may be sold as provided in Subsection H or as provided under § A36-2A the Suffolk County Administrative Code, shall be offered for sale to the highest bidder at public auction pursuant to regulations established for such auctions by the Commissioner, subject to the provisions set forth in Paragraph (5) of this subsection. All parcels approved for disposition which have structures affixed thereto capable of physical occupancy by individuals shall only be offered for sale to the highest bidder at a public auction who is willing to agree, in writing, to a restrictive covenant in such deed as may convey title to such individual requiring the owner of the parcel, or his or her natural children or natural parents, to occupy said premises, said restriction to run with the land for a period of 10 years subsequent to the transfer of title from the County of Suffolk. Parcels obtained by a town or village pursuant to the municipal requests set forth in Paragraph (5) shall be exempt from the owner occupancy restrictions. The owner of the parcel shall provide the County written notice of any subsequent transfer of the parcel within said ten-year period. The Commissioner shall reserve to the County a right of reverter should this restriction be violated. Further, all parcels approved for disposition which have structures affixed thereto capable of physical occupancy by individuals, which are not located within a sewer district or otherwise serviced by a sewage treatment plant, shall only be offered for sale to the highest bidder at a public auction who is willing to agree, in writing, to a restrictive covenant in such deed as may convey title to such individual requiring the owner of the parcel to install a residential innovative and alternative on-site wastewater treatment system, as approved by the Department of Health Services, within 15 months of taking title to the property. The Commissioner shall reserve to the County a right of reverter should this restriction be violated. All parcels approved for disposition which do not have structures affixed thereto, but are of a buildable size, which are not located within a sewer district or otherwise serviced by a sewage treatment plant, shall only be offered for sale to the highest bidder at a public auction who is willing to agree, in writing, to a restrictive covenant in such deed as may convey title to such individual requiring that, if the parcel is ever improved, that at the time of improvement an innovative and alternative on-site wastewater treatment system, as approved by the Department of Health Services, shall be installed prior to receiving a certificate of occupancy for such structure from the appropriate local jurisdiction. The Commissioner shall reserve to the County a right of reverter should this restriction be violated. In those instances in which a former property owner has affirmatively waived, in writing, his, her or its right of redemption of property under Subsections A and B of this section, then the Commissioner, or his or her designee, shall take such measures as shall be necessary and appropriate to expedite the offering for sale of such parcels to the highest bidder at public auction in accordance with the provisions of this article at the earliest possible date.

[Amended 4-25-2017 by L.L. No. 11-2017; 9-4-2019 by L.L. No. 33-2019]

(1) The Division of Real Property Acquisition and Management shall take such measures as shall be necessary and appropriate to ensure that the transfer of title for sale of such parcels shall take place within two years after the signing of the contract of sale for such parcels.

(2) If the transfer of title for sale of such parcels shall not take place within two years after the signing of the contract of sale, then the Director of Real Estate of the Division of Real Property Acquisition and Management shall provide a written report to the County Legislature and appear before the Ways and Means Committee and the Parks and Recreation Committee of the County Legislature, or any successor committees thereto, in order to continue the transfer process.

(3) The Director of Real Estate of the Division of Real Property Acquisition and Management shall lower the upset price for the public auction of such County-owned real estate parcels approved for such disposition as many times as shall be necessary and appropriate to effectuate the sale of such parcel at the third public auction if such parcel has been unsuccessfully listed at public auction two prior times.

(4) The Division of Real Property Acquisition and Management shall provide to each member of the Suffolk County Legislature a list of all parcels to be auctioned at least 60 days prior to the auction date and shall notify legislators of any parcels added to the auction list prior to the auction date. The auction list must be complete 15 days prior to the auction date, and no additional parcels may be added to the auction list after that time.

(5) Municipal requests. A town or village may request, in writing and prior to an auction, that it be permitted to purchase a parcel or parcels within its jurisdiction at a price set by the highest bidder at the auction. The Division of Real Property, Acquisition and Management may reject such request and/or transfer the property for the County investment. If the Division approves a municipal request, the requesting town or village must approve a resolution within 30 days after the completion of an auction, confirming its intention to purchase such parcel.

H. The Commissioner, or his or her designee, in the case of a parcel which does not meet the minimum zoning code requirements of the municipal zoning district in which the parcel is located, in order to promote the development of residential dwellings for first-time homebuyers and/or occupants, shall offer to convey such parcel to the highest bidder at a special auction who: (i) agrees, in writing, within 60 days of the date of such auction, to apply for and diligently pursue, using best efforts and at such bidder's sole cost and expense, a building permit, to allow the construction of a single-family residential dwelling on such parcel that substantially conforms in size and appearance to the residential dwellings located within the immediately surrounding residential community; (ii) agrees, in writing, within 180 days of the date of such auction, to apply for and diligently pursue, using best efforts and at such bidder's sole cost and expense, any and all variances and/or other relief from such minimum zoning requirements; and (iii) agrees, in writing, to accept title to such parcel subject to the covenants contained in this Subsection H. The requirement to offer and convey such parcel to such highest bidder at a special auction under this subsection shall apply only to parcels located substantially within a residential zoning district that have a lot area of not less than 5,000 square feet and street frontage of not less than 50 feet and that substantially conform in size to the developed and/or undeveloped parcels located within the immediately surrounding residential community. The provisions of this subsection shall not apply to parcels situated within the Town of Brookhaven.

(1) Upon the granting of any required variance or other relief from the minimum zoning requirements of the municipal zoning district in which the parcel is located, and the issuance of a building permit to construct such single-family residential dwelling on such parcel, fee title shall be promptly conveyed to such highest bidder by deed containing the following covenants, which covenants shall run with the land:

(a) "The use of the parcel herein described by the grantee is hereby restricted solely to the development of a single-family residential dwelling unit for first-time homeowners or buyers; with all right, title, and interest reverting back to the County of Suffolk, at the sole option of the County of Suffolk, in the event the grantee, at any time, uses or attempts to use the parcel herein described for any other use or purpose, including, without limitation, no use or purpose. This reverter clause shall also apply to any transferee from the grantee who is not a first-time homeowner or buyer."

(b) "All right, title, and interest to the parcel herein described shall revert back to the County of Suffolk should any one or more of the following events occur:

[1] If the grantee, or any transferee from the grantee who is not a first-time homeowner or buyer, fails to substantially complete the construction of a single-family residential dwelling upon the parcel described herein within three years from the date of transfer to the grantee, unless one or more extensions of time are granted, in writing, for good cause shown, by the Suffolk County Director of Affordable Housing or any successor thereto. Notwithstanding the foregoing, such extensions shall not exceed, in the aggregate, a period of four years from the date of transfer to the grantee, unless approved by a duly enacted resolution of the County of Suffolk;

[2] If the income of the first-time homeowner or buyer, at the time of occupancy of the single-family dwelling constructed on the parcel described herein, should exceed 80% of the HUD-established median income for the Nassau-Suffolk Primary Metropolitan Statistical Area adjusted by family size;

[3] If the sale price of the single-family dwelling constructed on the parcel described herein exceeds 60% of the median sales price for Suffolk County single-family dwellings, based upon the State of New York Mortgage Agency Guidelines;

[4] If the first-time homeowner or buyer of the single-family dwelling constructed on the parcel described herein fails to occupy such single-family dwelling as his and/or her primary residence for a period of 10 consecutive years from the time of occupancy of such single-family dwelling; provided, however, that the right, title and interest to the parcel herein described shall not revert to the County of Suffolk if:

[a] The first-time homeowner or buyer sells to a first-time homeowner or buyer meeting the income qualifications set forth in Subsection H(1)(b)[2], or as amended; and

[b] Any gain realized from such sale up to and including the fifth anniversary of ownership, and declining ratably thereafter to 50% of any realized gain during the sixth year of ownership up to and including the 10th anniversary of ownership, shall be paid to the County of Suffolk; and

[c] The income qualifications and the formula for recapture of realized gain set forth in this subsection shall apply to each and every subsequent sale;

[5] If all or any portion of the single-family residential dwelling is rented or leased to any other person, whether or not by written agreement;

[6] If the grantee fails to certify to the Suffolk County Director of Affordable Housing (or his or her designee), prior to closing of the title by a first-time homebuyer, or occupancy by a first-time homeowner, as the case may be:

[a] The dates of completion and occupancy of the single-family dwelling constructed on the parcel described herein; and

[b] The total income, from all sources, of all occupants of the single-family dwelling constructed on the parcel described herein; and

[c] In the case of a first-time homebuyer, the sales price of the single-family dwelling constructed on the parcel described herein; and

[d] The single-family dwelling constructed on the parcel described herein meets all applicable building and zoning codes, rules and regulations;

[7] If the grantee fails to provide the Suffolk County Director of Affordable Housing (or his or her designee) with a detailed, annual written report no later than December 31 of each year commencing in the year immediately subsequent to the date of this deed, which report shall include any and all information as may be required by the Director of Affordable Housing, including, but not limited to, the status of the development and/or sale of the parcel described herein, and an accounting of all sums directly or indirectly attributable to the use of the parcel described herein."

(2) In the event such highest bidder, after using best efforts to apply for and diligently pursue any variance or other relief from such minimum zoning requirements and a building permit, to allow the construction of a single-family residential dwelling on such parcel that substantially conforms in size and appearance to the residential dwellings located within the immediately surrounding residential community, does not obtain such variance and building permit within the time prescribed herein, the auction sale shall be deemed cancelled and the County shall return to the bidder any sum paid under the terms and conditions of the special auction.

(3) In the event a parcel offered for sale pursuant to the preceding provisions of this subsection is not sold the first time it is offered at a special auction, and the parcel is appraised for less than $50,000, the Commissioner, or his or her designee, shall offer the parcel to appropriate adjoining property owners at not less than the appraised value before offering it for sale by general auction.

(4) In the event a parcel does not meet applicable minimum zoning code requirements in order to be developed, is appraised for less than $30,000, and fails to satisfy the criteria for special auction under the provisions of this subsection, the Commissioner, or his or her designee, shall offer the parcel to appropriate adjoining property owners at not less than the appraised value before offering it for sale by general auction.

I. The Commissioner, or his or her designee, is authorized to execute and deliver, by a bargain and sale deed without covenants, or by quitclaim deed, for the transfer of any properties which are the subject matter of this section. All deed transfers shall be subject to the express approval of the County Legislature, and all contracts negotiated by the County shall provide that the proposed conveyance is subject to legislative approval and subject to such restrictive covenants as may be provided for in Subsections G and H of this section.

J. The Commissioner shall advertise in the official newspapers, and may advertise in such other media as he or she may elect, the date, time, and place of the public auction for the sale of the properties. Lists of properties to be offered for sale may be made available by mail to persons requesting such lists.

K. From time to time, upon the negotiation of contracts or sales at auction, the Commissioner, or his or her designee, shall deliver to the County Legislature, in resolution for approval, a list of properties proposed to be sold, together with the negotiated or bid price.

L. For any auction parcel, the prior owner may make application in writing to the Division of Real Property Acquisition and Management for a distribution from the proceeds of the auction sale. The amount that the applicant is eligible to receive is a sum equal to the remaining proceeds after deducting payment for all sums set forth in § A40-3 hereinabove and an amount equal to the sum of all valid liens, judgments, or encumbrances which existed on the date that the County took title to the subject parcel. For the purposes of this subsection, "proceeds" shall be defined as the amount of the sale at auction or the amount of an appraisal made on or after the date which the County took title, whichever amount is less. In the event there are excess proceeds available for distribution and the prior owner has not already made an application in writing to the Division for a distribution from the proceeds of the auction sale, the Commissioner or his or her designee shall make reasonable efforts to notify the prior owner(s), in writing, via certified mail, at their address(es) of record for taxing purposes on file with the Suffolk County Comptroller and if the Division is notified of a different accurate and current address, at that address of his or her right to make an application for a distribution of proceeds of the auction sale. The Commissioner is hereby authorized and empowered to promulgate rules and regulations to govern the application process and the deadline for submitting such applications.

[Amended 12-19-2017 by L.L. No. 7-2018; 10-11-2023 by L.L. No. 33-2023]

M. The Commissioner may propose amendments to the rules and regulations that govern the procedures and forms for the implementation of this section by filing them with the Clerk of the County Legislature and mailing copies thereof to the County Executive and members of the Legislature. Such amendments shall become effective 60 days after such filing and notification unless within such period a resolution of disapproval proposed by any Legislator is enacted into law by the County Legislature.

N. The Division of Real Property Acquisition and Management shall take such measures as shall be necessary and appropriate to ensure that the acquisition of all parcels or interests in real estate authorized under any County land acquisition program shall take place within two years after the effective date of the County resolution authorizing the acquisition of such parcels or any interest therein. If the transfer of title to such parcels or interests in real estate shall not take place within two years after the effective date of the County resolution authorizing such acquisition, then the Director of Real Estate of the Division of Real Property Acquisition and Management shall provide a written report to the County Legislature and appear before the Ways and Means Committee and the Parks and Cultural Affairs Committee of the County Legislature, or any successor committees thereto, in order to continue the acquisition process.

§ A40-5 Conduct of hearings and making of findings pursuant to New York Eminent Domain Procedure Law.

A. The Legislature finds and determines it to be in the public interest that public hearings, as required by the New York State Eminent Domain Procedure Law, can best be conducted by the Department, pursuant to Article 2 of said law, and that the Department, in order to effectuate the object, intent, and provisions of the New York Eminent Domain Procedure Law, may establish and amend rules and regulations consistent with the provisions of said law, pursuant to Article 7, § 707, of said law.

B. After the Legislature approves acquisition of an interest in real property for municipal purposes, the resolution of approval shall delegate unto the Commissioner, and in his or her absence the Director of Real Estate of the Division of Real Property Acquisition and Management, the full authority of the Legislature to conduct public hearings and make determinations and findings as to all matters set forth in Article 2 of the New York Eminent Domain Procedure Law.

C. Public hearings shall be conducted and the notices thereof shall be published and issued pursuant to §§ 201, 202, 203, and 204 of the New York Eminent Domain Procedure Law.

D. The Commissioner, or in his or her absence the Director of Real Estate of the Suffolk County Division of Real Property Acquisition and Management, shall be deemed a hearing officer with the authority to make determinations and findings pursuant to § 204 of the New York Eminent Domain Procedure Law.

E. The written determination and findings shall be filed with the Clerk of the County Legislature within 90 days after the conclusion of the public hearing.

F. The Commissioner, or in his or her absence the Director of Real Estate of the Division of Real Property Acquisition and Management, shall publish a brief synopsis of such filed determinations and findings in at least two successive issues of the official newspapers and in two successive issues of a newspaper of general circulation in such locality, and the publication shall state that copies of the determinations and findings will be forwarded, upon written request, without cost.

G. The hearing officer may recommend and permit further field studies subsequent to the hearing, pursuant to § 205 of the New York Eminent Domain Procedure Law. The hearing officer may authorize and permit amendments or alterations to accommodate such field conditions if deemed necessary, but the Legislature reserves unto itself the right to approve any changes in the original acquisition maps whereby additional property is required or whereby the acquisition of properties approved in the original maps are deleted.

H. The Commissioner, and in his or her absence the Director of Real Estate of the Division of Real Property Acquisition and Management, in order to effectuate the object, intent, and provisions of the New York Eminent Domain Procedure Law, may, from time to time, make or amend rules and regulations consistent with the provisions of this section in those instances where such provisions are not expressly provided in the New York Eminent Domain Procedure Law; and such rules and regulations or amendments thereto shall be filed with the Clerk of the Legislature and shall be deemed approved by the Legislature and become effective 45 days after filing, unless overturned by a duly enacted resolution of the County of Suffolk.

§ A40-6 Required provision in all instruments of conveyance when acquiring development rights in agricultural lands.

Pursuant to Chapter 8 of the Suffolk County Code regarding acquisition of development rights in agricultural lands, the County Executive and the Commissioner shall make provision in all instruments of conveyance and documents in connection therewith relating to the acquisition of development rights that the owner of the remainder fee shall not, after the conveyance of the development rights in any lands to the County, subdivide the remainder fee without the consent of the County Legislature, which hereby certifies and resolves that such consent shall not be unreasonably withheld. Nothing contained herein shall be deemed to prevent the devolution of title by operation of law or by last will and testament.

§ A40-7 Leasing of surplus County property.

Upon the determination by the County Legislature that County-owned real property is not required for public use, such property may be leased for a term not exceeding 10 years upon such terms and conditions as may be prescribed by the County Legislature by resolution in the same manner and with the same rights and privileges as if owned by an individual, anything in § 215 of the New York County Law to the contrary notwithstanding.

§ A40-8 Procedure for leasing real property for County use.

A. Required information. The County Legislature shall not take any action on any resolution regarding the leasing of real property by the County of Suffolk, nor shall any agency contracting with the County of Suffolk under any grant undertake the leasing of real property, until the County Legislature has been supplied with and shall have before it the following information:

(1) All such information which has been provided to the Commissioner's office in relation to such a lease; and

(2) A public hearing report dealing with the proposed lease.

B. Public hearing.

(1) A public hearing shall be held in the legislative district in which the property is situated by the Ways and Means Committee of the County Legislature, or any successor committee thereto, and the Legislator from the district in which the property is situated.

(2) The public hearing shall be held within 20 days after the date the resolution is laid on the table.

(3) A written report on the proceedings of such public hearing shall be distributed to each member of the County Legislature within seven days after such hearing.

(4) At the next regularly scheduled meeting following the public hearing, the County Legislature shall consider and vote on the resolution proposing the lease.

C. Public notice. The notice shall be published one time in the official County papers and, unless one of such papers is published in the town in which the property is situated, in the official paper of such town. The notice shall be published at least seven days preceding the public hearing.

D. Exceptions.

(1) The provisions of this section shall not apply to the leasing of office space for members of the judiciary or members of the County Legislature, nor for the County Executive.

(2) This section shall not apply to leases at Suffolk County Airport, Westhampton Beach, New York, or to an extension, modification, or renewal of any of said leases; and to the extent that § 352, Subdivision 5, of the New York General Municipal Law may be deemed to be inconsistent herewith or to otherwise require a hearing with respect to any such leases, such section is hereby superseded in accordance with § 22 of the New York Municipal Home Rule Law.

(3) The public hearing and public notice provisions of this section shall not apply in the case of a public emergency declared in writing by the County Executive and arising out of unforeseen occurrences.

(4) This section shall not apply to leases entered into by the County's law enforcement departments and agencies necessary for use in connection with the conduct of undercover/covert operations, nor shall such leases be subject to review by the County's Space Management Steering Committee.

(a) Prior to executing a lease necessary for use in connection with the conduct of undercover/covert operations, the leasing department or agency shall provide the County Attorney with a copy of said lease.

(b) In no event shall the term of a lease entered into pursuant to this exception exceed one year.