§ 740 — Proceeding to review a special franchise assessment

New York § 740

• Jurisdiction: New York
• Law RPT: Real Property Tax
• Title 2: Special Provisions Relating to Special Franchise Assessments
• Art. 7: Judicial Review

Text

§ 740. Proceeding to review a special franchise assessment. 1. A\nspecial franchise assessment may be reviewed so far as practicable in\nthe manner prescribed by this article for reviewing an assessment of\nreal property. Notwithstanding any other provision of this article to\nthe contrary, an assessing unit may commence a proceeding under this\nsection on the ground that the value of the property, prior to the\napplication of the equalization rate pursuant to section six hundred six\nof this chapter, is insufficient. This proceeding shall be consolidated\nwith any other proceeding commenced under this section by the owner of\nthe special franchise.\n 2. A petition and notice shall be served by delivering two copies to\nthe commissioner or to an officer or employee authorized by him or her\nto accept service, not more than sixty days after the written notice of\nthe final assessment prescribed by section six hundred eighteen of this\nchapter has been served. Where a proceeding is commenced by an assessing\nunit in which a special franchise is situated, an additional copy shall\nbe filed by the petitioner with the owner of that special franchise.\nWhere a proceeding is commenced by a special franchise owner, the\npetitioner, within ten days after service, shall file an additional copy\nwith the clerk of the city, town or village and with the clerk of the\nschool district in which that special franchise is situated except a\nschool district governed by the provisions of article fifty-two of the\neducation law.\n 3. Upon timely motion, an assessing unit or a special franchise owner\nshall be permitted to intervene in a proceeding commenced by the other\nunder subdivision one of this section.\n 4. A proceeding to review a special franchise assessment shall be\nmaintained against the commissioner and not against any other board or\nofficer unless otherwise directed by the supreme court or a justice\nthereof.\n 5. An adjudication made in any such proceeding shall be binding upon\n(a) the owner of the special franchise in question, (b) the local\nassessors and any ministerial officer who performs duties relative to\nthe collection of the taxes, in the same manner as though they had been\nparties to the proceeding.\n