§ 49-a. Extension of period to redeem for agricultural property. 1.\nDefinitions. As used in this section:\n (a) "Agricultural property" means not less than five acres of land\nused in the previous two years for the production for sale of crops,\nlivestock and livestock products as defined by section three hundred one\nof the agriculture and markets law, the income of which is at least five\nthousand dollars in each year.\n (b) "Eligible owner" means the owner of agricultural property who\noccupies and uses such property for agricultural purposes.\n 2. Notwithstanding sections forty-nine, fifty-one, fifty-two and\nfifty-five of this act, the twelve month period to redeem agricultural\nproperty may be extended to a period of thirty-six months pursuant to\nthe provisions of this section
Free access — add to your briefcase to read the full text and ask questions with AI
§ 49-a. Extension of period to redeem for agricultural property. 1.\nDefinitions. As used in this section:\n (a) "Agricultural property" means not less than five acres of land\nused in the previous two years for the production for sale of crops,\nlivestock and livestock products as defined by section three hundred one\nof the agriculture and markets law, the income of which is at least five\nthousand dollars in each year.\n (b) "Eligible owner" means the owner of agricultural property who\noccupies and uses such property for agricultural purposes.\n 2. Notwithstanding sections forty-nine, fifty-one, fifty-two and\nfifty-five of this act, the twelve month period to redeem agricultural\nproperty may be extended to a period of thirty-six months pursuant to\nthe provisions of this section. The owners of agricultural property may\napply to the treasurer on a form prescribed by such officer to have the\nperiod of redemption of such agricultural property which has been sold\nfor taxes and assessments to extend the twelve month redemption period\nprescribed in section forty-nine of this act to thirty-six months from\nthe date of such sale. If such application is approved by the treasurer,\nall references in sections forty-nine, fifty-one, fifty-two and\nfifty-five which refer to twelve months shall be deemed to mean\nthirty-six months for such agricultural property.\n 3. Such application shall be made by the owner of such property no\nearlier than the date of the tax lien sale nor later than thirty days\nprior to twelve months after such date. Failure to make a timely\napplication shall bar such owner from applying for or being granted an\nextension of the redemption period for such delinquent taxes and\nassessments. The burden of proof of eligibility for the provisions of\nthis section shall be on the applicant. The owner shall submit\ndocumentation to the treasurer which the treasurer shall deem to be\nrelevant and consistent with the provisions of this section to determine\nthe eligibility of such applicant. Such documentation shall include, but\nnot be limited to, approval of an agricultural use assessment pursuant\nto article twenty-five-AA of the agriculture and markets law or an\nincome tax statement showing farm income and expenses as defined by the\ninternal revenue code for the period since the taxes and assessments\nbecame a lien.\n 4. The treasurer shall notify or cause to be notified, by first class\nmail, all potential agricultural property owners of property which is\nsubject to a tax lien sale or expiration of the twelve month period of\nredemption of the provisions of this section. Such notice will be given\nin the same manner and no later than fourteen days after personal notice\nis provided to the taxpayer pursuant to section one thousand two of the\nreal property tax law or section fifty-two of this act, whichever is\nappropriate.\n 5. Tax lien; not affected. The provisions of this section shall not\naffect the tax lien against the property except in the extension of the\nperiod to redeem such property.\n