§ 13-0303 — Tax on state-owned underwater lands held under lease or franchise for shellfish cultivation

New York § 13-0303

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 3: Marine Fisheries
• Art. 13: Marine and Coastal Resources

Text

§ 13-0303. Tax on state-owned underwater lands held under lease or\n franchise for shellfish cultivation.\n 1. Tax. There shall be an annual tax of one dollar per acre on all\nstate-owned underwater lands held by franchise for shellfish\ncultivation. The tax shall be levied and assessed by the department\nbefore February 1 each year on such lands held on August 1 of the\npreceding year. Written notice shall be mailed to each grantee showing\nthe number of acres so assessed and the amount of tax thereon. The\ndepartment shall keep an assessment book showing annually the names and\naddresses of all grantees, the number and location of acres held by\neach, the amount of tax payable and date and amount of any tax paid.\n 2. Payment. Such tax shall be paid on or before April 1 each year.\nSuch tax shall be a first lien upon all the property subject thereto,\nincluding the shellfish thereon from February 1 in the year levied.\n 3. Collection of tax. If any tax shall not be paid on or before April\n1, the department shall issue a warrant for collection thereof, with\ninterest thereon at one per centum per month from the day such tax\nbecame due and payable until paid, together with all fees incurred in\ncollecting such tax, and deliver such warrant to the sheriff of the\ncounty within whose jurisdiction the lands are situate for collection.\nAll moneys received by the department in payment of taxes and interest\nthereon shall be accounted for and paid by it, within thirty days after\nits receipt, to the Division of Finance in the Department of Taxation\nand Finance, for the benefit of the state.\n 4. Reversion of lands for non-payment of taxes. Land under water\ngranted to individuals by franchise for shellfish cultivation by the\ndepartment shall revert to state-owned public grounds if the owner\ndefaults in payment of franchise taxes for a period of one year after\nsuch tax became due and payable.\n 5. Franchises not transferable. Franchised lands under water held for\nshellfish cultivation when returned to the state by default in payment\nof taxes may not be assigned, reassigned, or transferred to a new owner\nor owners. Such lands may be leased by the department for shellfish\ncultivation as provided in section 13-0301.\n 6. Tax in lieu of other taxes. The tax imposed by this section shall\nbe in lieu of all other taxes on the property on which it is imposed,\nand no other tax except as provided herein shall be levied or imposed on\nsuch lands, or the shellfish thereon, by any authority whatsoever.\n