SALE OF PROPERTY ON PEARL STREET
Dear Town of Carroll Residents,
Below is a letter that the Town of Carroll received from our Attorney Paul Webb in regard to the pending sale of the property on Pearl Street between Johnson and Centennial Street designated and otherwise known as Section, Lot & Block # 406-17-1-14. Mr. Webb’s letter verifies that the sale of said property to Mr. Dietrick was done properly and per the laws and statutes of New York State and the Town of Carroll.
Respectfully submitted, Russell Payne, Town of Carroll Supervisor
Dear Supervisor Payne:
The Town Board had the authority to sell the property in question to Mr. John Dietrick pursuant to Section 64 Subdivision (2) of the Town Law. The sale to Mr. Dietrick was done pursuant to a resolution adopted subject to permissive referendum. Notice of the resolution was thereafter published in the newspaper and no residents petitioned for a referendum on the resolution within the required time period (30 days). There is no requirement that the Town conduct an auction and/or utilize open/closed bids on the sale of real property.
In summary, the Town has the absolute authority to sell real property under Section 64 Subdivision (2) of the Town Law. The sale to Dietrick was pursuant to a board resolution and adopted subject to permissive referendum. Any complaints regarding the sale of the property in question to Mr. Dietrick, were improper and do not do not appear to have any merit.
It might also be noted that you are correct in that General Municipal Law Section 507 relating to the disposition of real property applies to urban renewal projects, subsidized and HUD housing projects. Section 507 of the General Municipal Law is not applicable to the sale of the property in question to Mr. John Dietrick.
Respectfully submitted, Paul Webb, Jr., Town of Carroll Attorney
Legal Definition of Permissive Referendum:
Pursuant to Town Law § 64(2), a Town Board may, upon adoptions of a resolution, convey (sell) or lease real property in the name of the town, which resolution shall be subject to permissive referendum. In the current matter of the sale of property on Pearl Street in the Town of Carroll, a resolution of the Town Board accepted the offer of $5,000 and approved the transfer of the real property to Mr. John Dietrick, or their designee/assigns, subject to permissive referendum. A permissive referendum is a waiting period of thirty (30) days to allow any interested party(s) to offer a competitive price to the Town for the property in question. At the close of the thirty day time period, a standard real estate transaction will commence on the original offer.