§ 491-B — Conservation easement agreement exemption; certain towns

New York § 491-B

• Jurisdiction: New York
• Law RPT: Real Property Tax
• Title 3: Miscellaneous Provisions
• Art. 4: Exemptions

Text

* § 491-b. Conservation easement agreement exemption; certain towns.\n1. Applicability. In a town having a population of not less than\nthirty-five thousand and not more than thirty-six thousand, that is\nlocated in a county having a population of not less than three hundred\nthousand and not more than three hundred seven thousand, based upon and\nrecorded by the two thousand ten federal census, is hereby authorized to\nadopt a local law to provide that, real property whose interests or\nrights have been acquired for the purpose of the preservation of an open\nspace or an open area, as authorized in section two hundred forty-seven\nof the general municipal law, may be partially exempt from local real\nproperty taxation, provided that the owner or owners of such real\nproperty enter into a conservation easement agreement with the\nmunicipality in accordance with the procedures specified in subdivision\nthree of this section. A county having a population of not less than\nthree hundred thousand and not more than three hundred seven thousand\nbased upon and recorded in the two thousand ten federal census may, by\nlocal law, and any school district, all or part of which is located in a\ntown having a population of not less than thirty-five thousand and not\nmore than thirty-six thousand that is located in a county having a\npopulation of not less than three hundred thousand and not more than\nthree hundred seven thousand based upon and recorded by the two thousand\nten federal census, may, by resolution, exempt such property from its\ntaxation in the same manner and to the same extent as such town has\ndone.\n 2. Definitions. For the purpose of this section, the following terms\nshall have the following meanings: "open space" or "open area" means any\nspace or area characterized by natural scenic beauty or whose existing\nopenness, natural condition or present state of use, if retained, would\nenhance the present or potential value of abutting or surrounding urban\ndevelopment or would maintain or enhance the conservation of natural or\nscenic resources. For the purposes of this definition, "natural or\nscenic resources" shall include, but not be limited to, agricultural\nlands defined as open lands actually used in bona fide agricultural\nproduction.\n 3. Procedures for obtaining a conservation easement agreement. (a) Any\nowner or owners of land may submit a proposal to the town board of a\ntown having a population of not less than thirty-five thousand and not\nmore than thirty-six thousand that is located in a county having a\npopulation of not less than three hundred thousand and not more than\nthree hundred seven thousand, based upon and recorded by the two\nthousand ten federal census, for the granting of interest or rights in\nreal property for the preservation of open space or areas. Such proposal\nshall be submitted in such a manner and form as may be prescribed by the\nconservation board of such town.\n (b) Upon receipt of such proposal, the town board shall convey the\nproposal to the conservation board of such town. Such conservation board\nshall investigate the area to determine if the proposal would be of\nbenefit to the people of the town and may negotiate the terms and\nconditions of the offer. If the conservation board determines that it is\nin the public interest to accept such proposal, it shall recommend to\nthe town board that it hold a public hearing for the purpose of\ndetermining whether or not the town should accept such proposal.\n (c) The town board shall, within thirty days of receipt of such\nadvisory opinion, hold a public hearing concerning such proposal at a\nplace within the town. At least ten days notice of the time and place of\nsuch hearing shall be published in a paper of general circulation in\nsuch town, and a written notice of such proposal shall be given to all\nadjacent property owners and to any municipality whose boundaries are\nwithin five hundred feet of the boundaries of said proposed area, and to\nthe school district in which it is located.\n (d) The town board, after receiving the reports of the conservation\nboard of a town having a population of not less than thirty-five\nthousand and not more than thirty-six thousand that is located in a\ncounty having a population of not less than three hundred thousand and\nnot more than three hundred seven thousand, based upon and recorded by\nthe two thousand ten federal census, and after such public hearing, may\nadopt the proposal or any modification thereof it deems appropriate or\nmay reject it in its entirety.\n (e) If such proposal is adopted by the town board, it shall be\nexecuted by the owner or owners in written form and in a form suitable\nfor recording in the county clerk's office.\n (f) Such agreement may not be canceled by either party. However, the\nowner or owners thereof may petition the town board for cancellation\nupon good cause shown, and such cancellation may be granted only upon\npayment of the penalties provided in this section.\n 4. Computation. (a) An exemption granted pursuant to this section\nshall commence as of the effective date of the conservation easement\nagreement, and shall terminate upon the expiration or termination of\nsuch conservation easement agreement.\n (b) The following table shall illustrate the computation of the\nexemption:\n Commitment Percentage of Exemption\n 15 to 29 years 50%\n 30 to 49 years 75%\n 50 to 75 years 85%\n Perpetual 90%\nSuch exemption shall be granted only upon application by the owner or\nowners of such real property on a form prescribed by the commissioner.\nSuch application shall be filed with the assessor of the town on or\nbefore the taxable status date of such town.\n (c) If satisfied that the applicant is entitled to an exemption\npursuant to this section, the assessor shall approve the application and\nsuch real property shall thereafter be exempt from taxation and special\nad valorem levies as provided in this section commencing with the\nassessment roll prepared on the basis of the taxable status date. The\nassessed value of any exemption granted pursuant to this section shall\nbe entered by the assessor on the assessment roll with the taxable\nproperty, with the amount of the exemption shown in a separate column.\n (d) Whenever a conservation easement encumbers only a portion of a\nparcel, the assessor shall henceforth enter that portion of the parcel\nencumbered by such easement as a separate parcel on all subsequent\nassessment rolls.\n 5. Penalties for offenses. If there is a violation of the terms and\nconditions of the conservation easement agreement or if such\nconservation easement agreement is canceled by the town board upon\npetition, then the owner or owners of such property must pay to the town\nthe following amounts:\n (a) All taxes abated pursuant to the conservation easement agreement,\nas limited by the remainder of this section, including, if applicable,\nthose taxes imposed by the county, town, school districts and all\nspecial improvement districts and other taxing units to which the\nproperty is subject. Repayment of the aforementioned abated taxes shall\nbe equal to five times the taxes saved in the last year in which the\nland benefited from a conservation easement agreement exemption, plus\ninterest of six percent per year compounded annually for each year in\nwhich an exemption was granted, not exceeding five years.\n (b) Payments shall be added by or on behalf of each taxing\njurisdiction to the taxes levied on the assessment roll prepared on the\nbasis of the first taxable status date after there is a violation of the\nterms and conditions of the conservation easement or such conservation\neasement agreement is canceled.\n * NB There are 2 § 491-b's\n