§ 542 — Assessment of state lands; approval thereof

New York § 542

• Jurisdiction: New York
• Law RPT: Real Property Tax
• Title 2: Assessment and Taxation of Certain State Lands
• Art. 5: Assessment Procedure

Text

§ 542. Assessment of state lands; approval thereof. 1. a. Except as\nprovided in paragraph b of this subdivision, state lands subject to\ntaxation shall be valued as if privately owned and assessed by\nmultiplying the value of the lands by the latest state equalization rate\nestablished for the assessing unit or a special equalization rate\nestablished in accordance with the provisions of paragraph (a) of\nsubdivision one of section twelve hundred twenty-two of this chapter.\n b. Where an assessing unit implements a revaluation or update on an\nassessment roll completed on or after January first, nineteen hundred\nninety-one, state lands subject to taxation in such assessing unit shall\nbe valued as if privately owned as of the valuation date applicable to\nthe revaluation or update and assessed at the same uniform percentage of\nvalue as other taxable real property in the assessing unit. In each year\nsubsequent to a revaluation or update, state lands subject to taxation\nin such assessing unit shall be valued as if privately owned and valued\nas of the valuation date applicable to the revaluation or update and\nassessed at the same uniform percentage of value as other taxable real\nproperty in the assessing unit.\n 2. In the case of state lands subject to taxation for school purposes\nonly, the assessors shall enter the assessments on the exempt part of\nthe city or town assessment roll, as the case may be. When preparing the\nappropriate portion of the assessment roll for school district purposes,\nthey shall enter such assessments on the taxable part thereof.\n 3. (a) Not later than twenty days prior to the date provided by law\nfor the completion of the tentative assessment roll in any assessing\nunit in which state lands are subject to taxation, but in no event any\nearlier than the taxable status date for such roll, the assessor shall\nnotify the commissioner of the amount of any assessment of such state\nlands. In the case of a village which has enacted a local law as\nprovided in subdivision three of section fourteen hundred two of this\nchapter, the town or county assessor, who prepares a copy of the\napplicable part of the town or county assessment roll for village tax\npurposes, shall also notify the commissioner of the amount of such state\nlands located within the village. Thereafter and not later than five\ndays prior to the last day set by law for the completion of the final\nassessment roll each such assessment shall be approved by the\ncommissioner in accordance with subdivision one of this section.\n (b) No such assessment shall be valid for any purpose without the\napproval of the commissioner, which approval shall be evidenced by a\ncertificate attached to the assessment roll of the assessing unit or\ncopy of the applicable part thereof used for school district or village\npurposes, when the village is not an assessing unit, or filed therewith\nin accordance with section fifteen hundred eighty-four of this chapter.\nWhere administrative or judicial proceedings are commenced to review an\nassessment approved by the commissioner, a certificate of approval shall\nnot be deemed a waiver of any right to review of the assessment, nor\nshall such certificate constitute an admission in any such proceeding.\n (c) Notwithstanding the foregoing provisions of this section or any\ngeneral or special law to the contrary, the total taxable assessed\nvaluation of those state-owned wild or forest lands lying within the\nAdirondack park as approved by the commissioner upon any final\nassessment roll completed, verified and filed in the year nineteen\nhundred sixty, shall not, upon any assessment roll hereafter completed,\nor applicable part thereof used for village tax purposes where the\nvillage is not an assessing unit, be reduced by the approval of the\ncommissioner to a total amount less than the total taxable assessed\nvaluation of such state-owned wild or forest lands within such park as\napproved by the commissioner upon the corresponding final assessment\nroll completed, verified and filed in the year nineteen hundred sixty as\nadjusted by the commissioner for any change in the level of assessment\nthereafter occurring as hereinafter provided, and such total taxable\nassessed valuation of all state-owned wild or forest lands within such\npark as approved by the commissioner upon any final assessment roll\ncompleted, verified and filed in the year nineteen hundred sixty shall\nbe adjusted by the commissioner upon its own motion or upon the\napplication of the assessing unit, or village which is not an assessing\nunit, to reflect a subsequent increase or decrease in the level of\nassessment for the assessing unit, or village which is not an assessing\nunit, as compared with the corresponding final assessment roll\ncompleted, verified and filed in nineteen hundred sixty. "Adirondack\npark" or "park" as used in the last preceding sentence means land lying\nwithin the area described in subdivision one of section 9-0101 of the\nenvironmental conservation law including any future amendments thereto.\n 4. Notwithstanding the foregoing provisions of this section or any\nother law, an assessment of state lands taxable pursuant to the\nprovisions of this title acquired by the state prior to the lien date of\ntaxes thereon may, at any time within two years from the time made, be\napproved by the commissioner in such an amount as will place such\nassessment at the same percentage of full valuation as other taxable\nreal property in the assessing unit at the time the assessment was made.\nUpon approval of such an assessment of state lands, taxes thereon shall\nbe legalized, ratified and confirmed in an amount which would have been\npayable had such assessment been approved by the commissioner pursuant\nto subdivision three of this section. Such taxes may thereupon be\naudited and paid by the comptroller in the same manner that taxes on\nsuch lands would ordinarily be audited and paid.\n