M E M O R A N D U M

									March 28, 2012

To:		Members of the Board of Trustees

From:		Nancy L. Zimpher, Chancellor

Subject:	Delegation with Respect to the Transfer of Jurisdiction of Real Property


Action Requested

      The proposed resolution delegates to the Chancellor, or designee, authority to make application for the transfer of jurisdiction of State-owned real property from other State entities to the State University and to consent to the transfer of jurisdiction to other State entities of certain State–owned real property under the jurisdiction of the State University.

Resolution

I recommend that the Board of Trustees adopt the following resolution:

	Whereas Public Lands Law §3(4) authorizes a State entity, including the State University, to make application to the Commissioner of General Services, for the transfer of jurisdiction of State-owned real property from another State entity to the applying State entity, and to consent to the transfer of jurisdiction of State-owned real property under its jurisdiction to another State entity; and 

	Whereas from time to time the State University has adopted resolutions that authorize application to the Commissioner of General Services, for the transfer of jurisdiction of State-owned real property from another State entity to the State University, and to consent to the transfer of jurisdiction of State-owned real property under the State University’s jurisdiction to another State entity; and that authorize the Chancellor, or designee, to take all steps necessary to execute and approve documents, notices, maps and other instruments necessary or appropriate to effect such transfers of jurisdiction; now, therefore, be it


	Resolved that the Board of Trustees delegates to the Chancellor, or designee, authority to make application to the Commissioner of General Services for the transfer of jurisdiction of State-owned real property from another State entity to the State University, and to consent to the transfer of jurisdiction of State-owned real property, not in excess of the lesser of twenty (20) acres or ten (10%) percent of the total State-owned acreage of the related State University institution,  under the State University’s jurisdiction to another State entity; and to take all steps necessary to execute and approve documents, notices, maps and other instruments necessary or appropriate to effect such transfers of jurisdiction; and, be it further
  
Resolved that the Board of Trustees, on its own initiative, may take up any matter delegated by this resolution.
      
Background

	The resolution delegates to the Chancellor, or designee, authority to make application to the Commissioner of General Services, for the transfer of jurisdiction of State-owned real property from another State entity to the State University, and to consent to the transfer of jurisdiction of State-owned real property, not in excess of the lesser of twenty (20) acres or ten (10%) percent of the total State-owned property of the related State University institution,  under the State University’s jurisdiction to another State entity; and to take all steps necessary to execute and approve any documents necessary or appropriate to effect such transfers of jurisdiction.

	Pursuant to Public Lands Law §3(4), the Commissioner may transfer the jurisdiction over State-owned real property from one State entity to another, upon the application of the entity seeking to obtain jurisdiction and the consent of the entity giving up jurisdiction.  Such transfers effect possession and control and the liability for operational costs of the property transferred.

      The purpose of the resolution is to delegate this activity from the Board to the Chancellor, or designee.  
      
      
Board Resolution	-2-			March 28, 2012