2006 New York Code - Assessment Of Conservation Easements.

 
    §  543. Assessment of conservation easements. 1. Upon acquisition of a
  conservation easement subject to taxation pursuant to this title and for
  common law easements acquired by the state in the Adirondack or Catskill
  parks  and  subject  to  taxation,  the  commissioner  of  environmental
  conservation  shall  determine  an  allocation factor applicable to each
  parcel subject to such  conservation  easement.  The  allocation  factor
  shall  be  the  portion  of  the value of each parcel which the easement
  represents, expressed as a percentage. The commissioner  shall forthwith
  certify any such allocation factor to the state board  and  to  the  fee
  owner.  The  commissioner  shall supply to the state board copies of any
  appraisals made in conjunction with the acquisition of the easement  for
  use  by  the  board  pursuant  to section five hundred forty-two of this
  title.
    2. Such allocation factor shall remain in effect for a period  of  ten
  years from the date of acquisition of such easement by the state or, for
  previously  acquired common law easements, from the date such allocation
  factor was first determined. After such ten  year  period  has  elapsed,
  such  allocation  factor  shall be subject to review and revision by the
  state board as appropriate, based on significant change in the  relative
  values of the fee and easement interests.
    3.  After  such  ten  year period has elapsed and in the first year in
  which the state board independently computes the portion of the value of
  the parcel  attributable  to  a  conservation  easement  or  common  law
  easement,  if  such  portion  is  different  from  the allocation factor
  previously determined by the commissioner of environmental conservation,
  the state board shall recompute the allocation factor by  averaging  the
  previous  allocation factor and the portion computed by the state board.
  In any subsequent year, the allocation factor  based  upon  the  portion
  computed  by  the  state  board  shall supersede any previous allocation
  factor.
    4. Whenever a conservation easement is acquired  and  for  common  law
  easements  acquired  by the state on land within the Adirondack or Cats-
  kill parks subject to taxation,  the  state  board  shall  be  a  person
  aggrieved  by  the  assessment of the parcel or parcels burdened by such
  easement for purposes of seeking administrative and/or  judicial  review
  of  such  assessments.  Notwithstanding  the provisions of section seven
  hundred four of this chapter, the state board may seek  judicial  review
  within  two  years of the acquisition of a conservation easement or, for
  such state owned common law easements, within two years of the date when
  the  easement  became  subject  to  taxation     and   need   not   seek
  administrative  review  prior  to seeking such judicial review. Whenever
  the  state  board  seeks  administrative  or  judicial  review  of   the
  assessment  of  such burdened parcel or parcels, it shall send a copy of
  the complaint or petition to the owner of a burdened parcel  within  ten
  days of the filing of a complaint or the service of a petition.
    5.  Determination  and  payment of the state's share of municipal real
  property taxes which become a lien after vesting but prior to  the  next
  taxable status date shall be made as follows:
    (a) The state is responsible for direct payment to the municipality of
  its proportionate share, determined by multiplying the amount of the tax
  bill  by  the  allocation  factor  which shall be certified by the state
  board to the assessor and chief fiscal officers  of  the  municipalities
  within which the property is situated and to the state comptroller.
    (b)  Upon  presentation  of  a  certificate  issued  pursuant  to this
  section, a collecting officer is hereby authorized to  accept  from  the
  underlying  fee  owner  the taxes due and owing from the fee owner after
  deducting those taxes for which the  state  is  liable  because  of  its
  acquisition of a conservation easement or common law easement subject to
  taxation  pursuant to this title. Any official having custody of a final
  assessment roll or tax roll is hereby authorized to make such changes on
  that roll as may be required by the state board to incorporate the  tax-
  able  assessed  value attributable to such easement using the allocation
  factor as certified pursuant to this section.
    (c) The county treasurer shall submit a copy of the certificate issued
  pursuant to this section, together with a statement of taxes due, to the
  state  comptroller  for  payment  pursuant  to  section   five   hundred
  forty-four of this title.
    6.  Payment  of  taxes  by  the  owner  of  a  parcel  burdened  by  a
  conservation easement or common law easement made  taxable  pursuant  to
  this title based upon the assessment of the parcel without consideration
  of  that  easement  shall  entitle  that  owner  to a refund pursuant to
  section five hundred fifty-six of this article, equal to any taxes  paid
  by  the  state  upon  such  easement.    Such  owner  shall  present the
  certificate issued pursuant to this section and proof of payment to  the
  tax levying body.
    7.    (a)    Whenever  the state acquires a conservation easement or a
  common law easement made taxable pursuant to this title which burdens  a
  parcel containing an improvement, the commissioner shall specify whether
  the easement applies to the land, the improvements or both.
    (b)   Where a conservation easement created pursuant to title three of
  article forty-nine of the environmental conservation law or a common law
  easement for conservation purposes has been or is  hereinafter  acquired
  by the state:
    (i)    on  a  parcel  of property which is otherwise fully exempt from
  taxation, the assessor shall determine the  taxable  assessment  of  the
  conservation  easement by multiplying the allocation factor by the total
  assessed value of the land, the improvement, or the  entire  parcel,  as
  appropriate;
    (ii)  on a parcel of property which is partially exempt from taxation,
  the  assessor shall determine the taxable assessment of the conservation
  easement by multiplying the allocation  factor  by  the  total  assessed
  value   of   the  land,  the  improvement,  or  the  entire  parcel,  as
  appropriate;
    (iii)   on a parcel which  is  partially  exempt  from  taxation,  the
  taxable  assessed  value  of  the  burdened  parcel  shall be calculated
  through pro ration of the partial exemption in the same  proportions  as
  the  allocation  factor.    The  owner  of  the burdened parcel shall be
  entitled to the pro rated portion of the exemption which  is  applicable
  to the remainder fee interest.
    (c)   No exemption shall be applied to the total assessed value of the
  conservation easement.