§ 489-DD — Exemption of railroad real property from taxation

§ 489-dd. Exemption of railroad real property from taxation. 1.\nSubsidized railroad real property shall be exempt from taxation. The\nexemption shall be granted each year only upon (a) application by the\nowner of said property on a form prescribed by the commissioner and (b)\nsubmission of such proof as may be required by the commissioner that the\nproperty is subsidized railroad real property. The application and proof\nshall be filed with the appropriate assessing authority on or before the\nappropriate taxable status date, with copies thereof simultaneously\nfiled with the commissioner and the department of transportation.\n 2. Bridges, viaducts and other similar structures constructed on or\nafter January first, nineteen hundred fifty-nine as the result of the\ncreation, pursuant to article twelve-B of the highway law, of a new\nhighway, street, or roadway carrying railroad facilities over such new\nhighway, street, or roadway shall be exempt from taxation. No assessment\nof any bridges, viaducts, and other similar structures lengthened or\nreconstructed on or after January first, nineteen hundred fifty-nine as\nthe result of the widening, relocation, or reconstruction of an existing\nhighway, street, or roadway, pursuant to article twelve-B of the highway\nlaw, shall be increased by reason of such reconstruction or relocation,\nnotwithstanding the provisions of any general, special, or local law to\nthe contrary; provided, however, that the assessment on the original\nportion of such bridges, viaducts and other similar structures may be\nvaried in accordance with the changes made generally in assessments on\nother local real property. Whenever any new construction of property is\nexempt pursuant to the provisions of this subdivision and the provisions\nof subdivision six or seven of this section, such property shall receive\nthe exemption provided by subdivision six or seven of this section.\n 3. Railroad real property shall be exempt from taxation to the extent\nof any increase in value thereof by reason of any of the following\nadditions, betterments, improvements, or reconstructions made or\ninstalled thereon after the last preceding taxable status date prior to\nApril twenty-first, nineteen hundred fifty-nine: (a) the installation of\nautomatic grade crossing protective devices, such as flashing lights or\nautomatic gates and their attendant facilities; (b) the reconstruction\nor the replacement of signals, railroad bridges, stations, freight\nhouses, classification yards, repair shops, or any other facility used\nfor transportation purposes; provided that the property as reconstructed\nor replaced is the same general type of facility and is located in the\nsame city or town as the property reconstructed or replaced; and (c) the\nconstruction or reconstruction pursuant to the grade crossing\nelimination acts, the railroad law, or the highway law of any grade\nseparation structure, such as bridges, viaducts, tunnels, retaining\nwalls, and embankments constructed for the purpose of eliminating or\navoiding highway-railroad crossings at grade. Whenever any new\nconstruction is exempt pursuant to the provisions of this subdivision\nand the provisions of subdivision six or seven of this section, such\nproperty shall receive the exemption provided by subdivision six or\nseven of this section.\n 4. Except as provided in subdivision five of this section, railroad\nreal property other than subsidized railroad real property shall be\nexempt from taxation to the extent that the assessed valuation thereof\nexceeds the railroad ceiling determined in accordance with the earnings\nratio as hereinafter prescribed.\n 5. Railroad real property other than subsidized railroad real property\nof a railroad company shall not be exempt from taxation under this title\non an assessment roll of any assessing unit if the company failed for\nany reason to pay within thirty days of the date when due the tax levied\nupon the taxable portion of the assessment of any railroad real property\nof the company set forth on the immediately preceding assessment roll of\nany assessing unit provided, however, that this subdivision shall not\napply if the payment or enforcement of such taxes was restrained or\nprohibited by an order issued by a court of competent jurisdiction under\nthe bankruptcy act of the United States.\n 6. Whenever a railroad company makes any improvements, enhancements,\nor upgrades to any existing railroad real property in order to improve\nfreight service or to provide improved or new passenger service, the\ncost of such project shall not be included in the calculation of any\nsubsequent railroad ceilings for a period of ten years from the date of\ncompletion of that project; provided that such project's improvements,\nenhancements, or upgrades were made pursuant to a capital project\nproposal approved by the commissioner of the department of\ntransportation as provided in section four hundred eighty-nine-v of this\narticle. The department of transportation shall certify to the\ncommissioner the location and cost of any such improvements,\nenhancements, or upgrades in a manner that provides the commissioner\nwith sufficient time to carry out its responsibilities pursuant to this\nchapter.\n 7. The cost of bridges, viaducts, other structures, or improvements\nand new rail lines, including any new rail lines built to replace\nexisting rail lines, shall not be included in the calculation of any\nsubsequent railroad ceilings for a period of ten years from the date of\ncompletion of such project; provided that such construction was pursuant\nto a capital project proposal approved by the commissioner of the\ndepartment of transportation as provided in section four hundred\neighty-nine-v of this article. The department of transportation shall\ncertify to the commissioner the location and cost of any such\nconstruction in a manner that provides the commissioner with sufficient\ntime to carry out its responsibilities pursuant to this chapter.\n