Bill Text: NY S06546 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to the assessment and payment of taxes on watershed and agricultural easements on easements acquired before January 1, 2011.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-11-28 - SIGNED CHAP.483 [S06546 Detail]
Download: New_York-2015-S06546-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6546--A Cal. No. 1625 IN SENATE January 25, 2016 ___________ Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- committee discharged and said bill committed to the Committee on Rules -- ordered to a third reading, amended and ordered reprinted, retain- ing its place in the order of third reading AN ACT to amend the real property tax law, in relation to technical amendments to the assessment and payment of taxes on watershed and agricultural easements The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 583 of the real property tax law, 2 as added by chapter 2 of the laws of 1997, is amended to read as 3 follows: 4 4. "Watershed conservation easement" means an easement, covenant, 5 restriction or other interest in real property purchased by or on behalf 6 of the city of New York [on or before December thirty-first, two thou-7sand sixteen] that is located in those areas of the counties of Dela- 8 ware, Dutchess, Greene, Putnam, Schoharie, Sullivan, Ulster and West- 9 chester located in the watershed of the New York city water supply, 10 created under and subject to the provisions of article forty-nine of the 11 environmental conservation law which, for the purpose of maintaining the 12 open space, natural condition, or character of the real property in a 13 manner consistent with the protection of water quality generally and the 14 New York city water supply specifically, limits or restricts develop- 15 ment, management or use of such real property. 16 § 2. Section 585 of the real property tax law, as added by chapter 2 17 of the laws of 1997, is amended to read as follows: 18 § 585. Taxation or exemption of watershed agricultural easements. 1. 19 Any watershed agricultural easement acquired before January first, two 20 thousand eleven shall be exempt from taxation on any assessment roll on 21 which the land subject to the easement qualifies for and receives an 22 agricultural assessment pursuant to article twenty-five-AA of the agri- 23 culture and markets law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11957-02-6S. 6546--A 2 1 2. Any watershed agricultural easement that burdens land which does 2 not receive an agricultural assessment pursuant to article twenty-five- 3 AA of the agriculture and markets law or which is acquired on or after 4 January first, two thousand seventeen shall be subject to taxation for 5 all purposes. The taxes levied on such easement shall be levied as 6 provided in this title. 7 § 3. Subdivision 2, subparagraphs i and ii of paragraph a and para- 8 graph b of subdivision 5 and subdivisions 6 and 7 of section 586 of the 9 real property tax law, as added by chapter 2 of the laws of 1997, are 10 amended to read as follows: 11 2. The assessment of a watershed conservation easement or watershed 12 agricultural easement shall be determined by multiplying the allocation 13 factor for that easement as computed in subdivision one of this section 14 by the assessment determined by the assessor for the land subject to 15 such easement exclusive of the improvements thereon. After subtracting 16 the assessment for each watershed conservation easement or watershed 17 agricultural easement from the parcel's total assessment, the remaining 18 assessment shall be entered on the assessment roll as taxable to the 19 owner of the property. Each watershed conservation easement or watershed 20 agricultural easement, whether it encumbers the entire parcel or only a 21 portion thereof, shall be entered as a separate parcel on the taxable 22 portion of the assessment roll and shall be assessed in the name of the 23 city of New York. 24 (i) On a parcel of property which is otherwise fully exempt from taxa- 25 tion, the assessor shall determine the taxable [assessment] assessed 26 value of the easement by multiplying the allocation factor by the total 27 assessed value of the land; or 28 (ii) On a parcel of property which is partially exempt from taxation, 29 the assessor shall determine the taxable [assessment] assessed value of 30 the easement by multiplying the allocation factor by the total assessed 31 value of the land; or 32 (b) The provisions of this subdivision shall not apply to [parcels33receiving an agricultural assessment pursuant to article twenty-five-AA34of the agriculture and markets law] watershed agricultural easements as 35 described in subdivision one of section five hundred eighty-five of this 36 title or to parcels burdened by such easements. 37 6. [Whenever a watershed conservation easement or watershed agricul-38tural easement encumbers only a portion of a parcel, the assessor shall39henceforth enter that portion of the parcel encumbered by such easement40as a separate parcel on all subsequent assessment rolls.417.] Whenever a watershed conservation easement or watershed agricul- 42 tural easement encumbers a parcel containing improvements, those 43 improvements shall be separately assessed in the name of the owner ther- 44 eof. 45 § 4. Section 589 of the real property tax law, as added by chapter 2 46 of the laws of 1997, subdivisions 2 and 4 as further amended by subdivi- 47 sion (b) of section 1 of part W of chapter 56 of the laws of 2010, is 48 amended to read as follows: 49 § 589. Change in allocation factor. 1. [The allocation factor deter-50mined in subdivision one of section five hundred eighty-six of this51title shall remain in effect for at least twenty years from the date it52is initially certified to the assessing unit.532.] At any time after [twenty years from the date] the allocation 54 factor is initially certified to the assessing unit, upon the request of 55 the city or the owner of the parcel burdened by the easement, the 56 commissioner may compute and certify a new allocation factor based on aS. 6546--A 3 1 change in circumstances. A request for a review of the allocation factor 2 shall be made by submitting to the commissioner (a) a written request by 3 the landowner, (b) a written request by the city setting forth the 4 claimed change in circumstances, (c) a written stipulation entered into 5 by the city and the landowner setting forth the new allocation factor, 6 or (d) an appraisal or appraisals performed by a licensed real estate 7 appraiser within one year of submission setting forth the current fair 8 market value of the easement and the current fair market value of the 9 land subject to the easement exclusive of improvements and unencumbered 10 by the easement. The commissioner shall define the changes in circum- 11 stances required to change the allocation factor. The party seeking the 12 change in allocation factor shall provide copies of the appraisals and 13 written request to the other party. 14 [3.] 2. If one party objects to a change in the allocation factor, the 15 party may submit the appraisals specified in subdivision [two] one of 16 this section within ninety days of receipt of the other parties' 17 appraisal or written request. 18 [4.] 3. The commissioner shall review the materials submitted and 19 issue a current allocation factor determined by the materials submitted. 20 [5.] 4. If judicial review is sought to challenge a determination 21 under this section, the action shall be commenced in the county in which 22 the real property is located. 23 § 5. This act shall take effect immediately.
