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543 - Assessment of Conservation Easements.

NY Real Prop Tax L § 543 (2019) (N/A)
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(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 commissioner 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 commissioner 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.

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