Bill Text: NY A10675 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the assessment and payment of taxes on watershed and agricultural easements on easements acquired before January 1, 2011.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-06-16 - substituted by s6546a [A10675 Detail]

Download: New_York-2015-A10675-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10675
                   IN ASSEMBLY
                                      June 12, 2016
                                       ___________
        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Gunther) --
          read once and referred to the Committee on Real Property Taxation
        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-
     7  sand  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.
    24    2. Any watershed agricultural easement that burdens  land  which  does
    25  not  receive an agricultural assessment pursuant to article twenty-five-
    26  AA of the agriculture and markets law or which is acquired on  or  after
    27  January  first,  two thousand seventeen shall be subject to taxation for
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11957-03-6
        A. 10675                            2
     1  all purposes. The taxes levied on  such  easement  shall  be  levied  as
     2  provided in this title.
     3    §  3.  Subdivision  2, subparagraphs i and ii of paragraph a and para-
     4  graph b of subdivision 5 and subdivisions 6 and 7 of section 586 of  the
     5  real  property  tax  law, as added by chapter 2 of the laws of 1997, are
     6  amended to read as follows:
     7    2. The assessment of a watershed conservation  easement  or  watershed
     8  agricultural  easement shall be determined by multiplying the allocation
     9  factor for that easement as computed in subdivision one of this  section
    10  by  the  assessment  determined  by the assessor for the land subject to
    11  such easement exclusive of the improvements thereon.  After  subtracting
    12  the  assessment  for  each  watershed conservation easement or watershed
    13  agricultural easement from the parcel's total assessment, the  remaining
    14  assessment  shall  be  entered  on the assessment roll as taxable to the
    15  owner of the property. Each watershed conservation easement or watershed
    16  agricultural easement, whether it encumbers the entire parcel or only  a
    17  portion  thereof,  shall  be entered as a separate parcel on the taxable
    18  portion of the assessment roll and shall be assessed in the name of  the
    19  city of New York.
    20    (i) On a parcel of property which is otherwise fully exempt from taxa-
    21  tion,  the  assessor  shall  determine the taxable [assessment] assessed
    22  value of the easement by multiplying the allocation factor by the  total
    23  assessed value of the land; or
    24    (ii)  On a parcel of property which is partially exempt from taxation,
    25  the assessor shall determine the taxable [assessment] assessed value  of
    26  the  easement by multiplying the allocation factor by the total assessed
    27  value of the land; or
    28    (b) The provisions of this subdivision shall  not  apply  to  [parcels
    29  receiving  an agricultural assessment pursuant to article twenty-five-AA
    30  of the agriculture and markets law] watershed agricultural easements  as
    31  described in subdivision one of section five hundred eighty-five of this
    32  title or to parcels burdened by such easements.
    33    6.  [Whenever  a watershed conservation easement or watershed agricul-
    34  tural easement encumbers only a portion of a parcel, the assessor  shall
    35  henceforth  enter that portion of the parcel encumbered by such easement
    36  as a separate parcel on all subsequent assessment rolls.
    37    7.] Whenever a watershed conservation easement or  watershed  agricul-
    38  tural   easement  encumbers  a  parcel  containing  improvements,  those
    39  improvements shall be separately assessed in the name of the owner ther-
    40  eof.
    41    § 4. Section 589 of the real property tax law, as added by  chapter  2
    42  of the laws of 1997, subdivisions 2 and 4 as further amended by subdivi-
    43  sion  (b)  of  section 1 of part W of chapter 56 of the laws of 2010, is
    44  amended to read as follows:
    45    § 589. Change in allocation factor. 1. [The allocation  factor  deter-
    46  mined  in  subdivision  one  of  section five hundred eighty-six of this
    47  title shall remain in effect for at least twenty years from the date  it
    48  is initially certified to the assessing unit.
    49    2.]  At  any  time  after  [twenty years from the date] the allocation
    50  factor is initially certified to the assessing unit, upon the request of
    51  the city or the owner of  the  parcel  burdened  by  the  easement,  the
    52  commissioner  may compute and certify a new allocation factor based on a
    53  change in circumstances. A request for a review of the allocation factor
    54  shall be made by submitting to the commissioner (a) a written request by
    55  the landowner, (b) a written request  by  the  city  setting  forth  the
    56  claimed  change in circumstances, (c) a written stipulation entered into
        A. 10675                            3
     1  by the city and the landowner setting forth the new  allocation  factor,
     2  or  (d)  an  appraisal or appraisals performed by a licensed real estate
     3  appraiser within one year of submission setting forth the  current  fair
     4  market  value  of  the easement and the current fair market value of the
     5  land subject to the easement exclusive of improvements and  unencumbered
     6  by  the  easement.  The commissioner shall define the changes in circum-
     7  stances required to change the allocation factor. The party seeking  the
     8  change  in  allocation factor shall provide copies of the appraisals and
     9  written request to the other party.
    10    [3.] 2. If one party objects to a change in the allocation factor, the
    11  party may submit the appraisals specified in subdivision  [two]  one  of
    12  this  section  within  ninety  days  of  receipt  of  the other parties'
    13  appraisal or written request.
    14    [4.] 3. The commissioner shall  review  the  materials  submitted  and
    15  issue a current allocation factor determined by the materials submitted.
    16    [5.]  4.  If  judicial  review  is sought to challenge a determination
    17  under this section, the action shall be commenced in the county in which
    18  the real property is located.
    19    § 5. This act shall take effect immediately.