dliu1/legal-llama-raw-text huggingface dataset:
public utility mass real property appearing on the municipal  assessment
roll  with  a  taxable  status  date  occurring in the year two thousand
(iii) For assessment rolls with taxable status dates in  two  thousand
twenty,  the  assessment  ceiling  shall  not  be  less than twenty-five
percent or more than one hundred seventy-five percent of the  assessment
of  such  local  public  utility  mass  real  property  appearing on the
municipal assessment roll with a taxable status date  occurring  in  the
Local  public  utility  mass  real property value. The
commissioner shall compute the local public utility mass  real  property
value as follows:
1.  The  local  reproduction  cost  of  the  public  utility mass real
property of each public  utility  mass  real  property  owner  in  every
assessing  unit  is  the cost of reproduction, less depreciation of that
public utility mass real property.
2. In  ascertaining  depreciation  of  property  under  this  section,
consideration  may  be  given  to  the  age, physical condition, average
service lives of assets and other relevant factors.
3. Adjustments for economic or functional obsolescence shall  only  be
made  upon  application  by  a  public utility mass real property owner.
Every such  application  shall  be  submitted  with  the  annual  report
required by section four hundred ninety-nine-rrrr of this title.
Equitable ratio of assessment. The commissioner and any
assessing authority shall be  prohibited  from  assessing  local  public
utility  mass  real  property  at a value that has a higher ratio to the
full value of the local public utility mass real property than the ratio
of assessed value of other real property in the  same  assessment  class
and jurisdiction to its full value, as provided in section three hundred
five of this chapter.
Equalization rate. In determining assessment ceilings,
the commissioner shall apply the final state equalization rate used  for
the  local  assessing  jurisdiction  on the assessment roll for the year
immediately preceding the year in which the assessment ceiling is  being
established,  except  that  (1)  if  a  special  equalization  rate  was
established for such assessment roll, such rate shall  be  applied,  and
(2)  in  the  case  of  a  special  assessing unit as defined in section
eighteen hundred one of  this  chapter,  the  equalization  rate  to  be
applied  shall  be  the  applicable class equalization rate used on such
assessment roll.
Tentative determination of assessment ceiling; notice,
tentative  determination  of  an assessment ceiling for all local public
utility mass real property.  Thereafter,  the  commissioner  shall  give
notice,  in  writing  or electronically, to each assessing unit and each
owner of  local  public  utility  mass  real  property  for  which  such
tentative  determination  of an assessment ceiling shall have been made,
specifying  the  amount  of  such  ceiling,  and  making  available  for
inspection  and copying the computations used to establish the tentative
assessment ceiling amount pursuant  to  the  public  officers  law,  and
setting  forth  the  time and place where the commissioner or his or her
designee will meet to  hear  any  complaint  concerning  such  tentative
determination.  Such  notice  shall be sent electronically and served in
writing at least forty-five days prior to the date  specified  for  such
2.  A  tentative  assessment  ceiling  may  be  challenged  before the
commissioner as follows:
(a) An owner of local public utility mass real property or  the  local
assessing  jurisdiction  objecting  to  a tentative ceiling must serve a
complaint upon the commissioner, in writing, and a copy thereof upon the
assessing unit or owner of local public utility mass real  property,  as
the  case  may  be,  at least ten days before the date specified for the
hearing. The complaint shall specify the objections  to  such  tentative
determination. Service may be made either in person or by mail.
(b)  On  or before the date specified for the hearing, an affidavit of
service shall be filed with the commissioner stating  that  service  has
3.  The commissioner or his or her designee shall meet at the time and
place specified in such notice set forth  in  subdivision  one  of  this
section to hear complaints in relation to the tentative determination of
the assessment ceiling. The provisions of section five hundred twelve of
this  section.  Nothing contained in this subdivision shall be construed
Final determination of assessment ceiling; certificate.
1.  After the hearing provided in section four hundred  ninety-nine-oooo
of  this  title, the commissioner shall finally determine the assessment
ceiling for the local public utility mass real property  of  each  local
public utility mass real property owner situated in each assessing unit.
2.  Notwithstanding  that  a  complaint  may  not have been filed with
respect to a tentative  determination  of  an  assessment  ceiling,  the
commissioner   shall  give  effect  to  any  special  equalization  rate
established pursuant to  section  twelve  hundred  twenty-four  of  this
chapter  prior to the date for the final determination of the assessment
3. No later than ten days before the last date prescribed by  law  for
the  levy  of  taxes,  the commissioner shall file a certificate setting
forth each assessment ceiling as finally determined with the assessor of
section fourteen hundred two of this chapter. The commissioner shall, at
the  same time, transmit to each owner of local public utility mass real
property for which such ceiling has been determined a duplicate copy  of
such certificate.
4.  (a)  Any  final  determination  of  an  assessment  ceiling by the
commissioner pursuant to  subdivision  one  of  this  section  shall  be
subject  to  judicial challenge by an owner of local public utility mass
real property or a local assessing jurisdiction in  a  proceeding  under
article  seven  of  this chapter; provided however, the time to commence
such proceeding shall be within sixty days of the issuance of the  final
assessment  ceiling  certificate and all questions of fact and law shall
be determined de novo. Any judicial proceeding shall be commenced in the
supreme court in the county of Albany or the county agreed upon  by  the
parties in which the local public utility mass real property is located.
(b) Nothing in this section shall preclude a challenge of the assessed
value  established  by  a  local  assessing jurisdiction with respect to
local public utility mass real property as otherwise provided in article
seven of this chapter, provided however that:
(i) Upon motion of the local assessing  jurisdiction,  such  challenge
shall be consolidated with the challenge to the final assessment ceiling
commenced  pursuant  to  this  subdivision  and  litigated  in the venue
specified by this subdivision.
(ii) In any proceeding initiated by an owner of local  public  utility
mass  real property challenging an assessed value established by a local
assessing jurisdiction for local public utility mass real property,  the
final  certified  assessment ceiling established pursuant to subdivision
one of this section, and the evidence submitted in connection therewith,
may be considered by the  court  when  determining  the  merits  of  the
challenge to the assessed value established by the assessing unit.
(iii)  In  such  a  proceeding, the local assessing jurisdiction, upon
request to the local public utility mass real property owner,  shall  be
provided with a copy of the portion of the annual report provided to the
commissioner  under  section four hundred ninety-nine-rrrr of this title
that directly relates to the local public  utility  mass  real  property
located within the local assessing jurisdiction, provided that:
(A)  Such  report,  or the applicable portion thereof, need only be so
provided if (1) the property at issue in the proceeding is  property  to
which  an  assessment  ceiling  applies,  and  (2)  the  assessed  value
established by the assessing unit for the property is  no  greater  than
the assessment ceiling set for the property by the commissioner.
(B) Notwithstanding any other requirements of law to the contrary, the
annual  report  or  portion  thereof so provided shall be treated by the
local assessing jurisdiction as confidential in all respects, and  shall
not  be published or otherwise disclosed to any person or agency, except
that  such report may be shared with persons who are providing the local
assessing jurisdiction with legal or appraisal  services  in  connection
with  the  litigation,  in  which  case  such  persons shall be likewise
obliged to treat such report as confidential in all respects, and except
that such report may be offered into evidence in the litigation, subject
to its admissibility being determined by the court. If ruled admissible,
the owner of public utility mass real property may move the court for an
order directing that the portion of the record containing  such  report,
or  the  applicable  portion  thereof,  not be made available for public
inspection or disclosure. If such a motion is made, the local  assessing
jurisdiction shall be deemed to consent thereto.
(C)  If  the local public utility mass real property owner is required
by this subparagraph to provide to the local assessing jurisdiction such
report, or the applicable portion thereof, but it fails to do so  within
thirty days of such a request, the proceeding shall be dismissed.
Application  of  assessment  ceiling;  computation  of
exemption. 1. Upon receipt of a  certificate  setting  forth  the  final
certified   assessment  ceiling  for  local  public  utility  mass  real
property,  the  assessor   shall   compare   the   assessed   valuations
attributable  to  the  local  public utility mass real property for each
owner of local  public  utility  mass  real  property  included  in  the
assessment  ceiling.  Where  the  owner of the local public utility mass
real property reports information by specific property identification to
the commissioner or the local assessing jurisdiction has  implemented  a
system  by the commissioner standardizing the identity of public utility
mass real  property  on  assessment  rolls,  such  certified  assessment
ceilings  shall  be  provided  by  the commissioner, as set forth on the
local assessing jurisdiction's  assessment  rolls.  Where  the  assessed
valuation does not exceed the final certified assessment ceiling, as set
forth  in  the  certificate  for  the  local  public  utility  mass real
property, the assessor need not make any  adjustment  in  such  assessed
valuation.  Provided,  however, the assessed valuation exceeds the final
certified assessment ceiling, as set  forth  in  the  certificate,  such
local public utility mass real property shall be exempt from taxation to
the  extent  of  such excess and the assessor shall forthwith reduce the
assessments of such local public utility mass real property, so that the
taxable assessed  valuation  of  such  property  shall  not  exceed  the
certified  assessment  ceiling.  All certificates of assessment ceilings
shall be attached to the assessment roll or filed therewith as  provided
in article fifteen-C of this chapter.
2.  The  assessor  is  hereby  authorized  and  directed  to  make the
of  the  local  assessing jurisdiction in which the local public utility
mass real property is located, notwithstanding the fact that he  or  she
may  receive  the  certificate of the assessment ceiling after the final
completion, verification and filing of such assessment roll. Other local
officers, including school authorities, applying such  final  assessment
roll,  are  hereby  authorized and directed, on the basis of information
which shall be provided by the assessor, to make the reductions provided
for in this section on their respective tax rolls prior to levy  of  tax
or,  if  received  after the tax rolls have been established, to correct
any tax levy of local public utility mass real property to reflect  such
reduction.  If  the  reduction is made after the tax levy and payment of
same by the owner of local public utility mass real property, then  such
owner  of local public utility mass real property shall be entitled to a
refund in accordance with  section  seven  hundred  twenty-six  of  this
3.  In  assessing  units  for  which  he  or she is required by law to
prepare an assessment roll, the assessor of a  county  having  a  county
department  of  assessment  shall perform all the acts prescribed for an
assessor by this title. Where a village  has  enacted  a  local  law  as
provided  in  subdivision  three of section fourteen hundred two of this
chapter, the assessor of the town or county who prepares a copy of  this
applicable  part  of  the town or county assessment roll for village tax
purposes shall also perform the acts prescribed for  assessors  by  this
title on behalf of the village.
Reports to commissioner. 1. The commissioner may require
from  an  owner  of  a local public utility mass real property an annual
report that shall include such information and data that  is  prescribed
in  regulation  by  the  commissioner  and is reasonable and necessarily
related to the establishment of a ceiling assessment by the commissioner
for the local public utility mass real property, and which shall  be  in
the same format and substance as required for special franchise property
pursuant  to article six of this chapter. Such reports shall be the same
for similarly situated local public utility mass real property owners.
2. Every report required by or pursuant to this section shall be  made
by  a  person authorized to prepare such reports and having knowledge of
the contents thereof, or who is authorized to obtain  such  information.
The  commissioner  may  prepare  and require the use of forms for making
such reports.
3. Any owner of local public utility mass  real  property  failing  to
file  the  annual  report  pursuant  to  this  section  within  the time
specified by the commissioner shall not be entitled to  judicial  review
of an assessment ceiling that would have been the subject of such report
as  provided in this title and shall be subject to a fine of one hundred
dollars for each day until such report is filed in accordance with  this
section;  provided,  however,  such  fine  shall not be applied as a tax
lien; and provided, further, such owner of  local  public  utility  mass
real  property  shall  not be subject to any other fine or penalty for a
violation of this section.
4. In addition to the provisions of subdivision three of this section,
if an owner of local public utility mass real property fails to  furnish
a  report  required  by this section within the required time frame, the
commissioner may commence a special proceeding in the supreme  court  to
compel such owner to furnish the report.
5.  If  an  owner  of local public utility mass real property fails to
submit an annual report as required  by  this  section,  the  assessment
ceiling on the next annual assessment roll shall be calculated using the
best information available to the commissioner.
6.  If  an  owner  of  local  public  utility mass real property makes
reasonable efforts to file an annual report, such  owner  shall  not  be
subject to any charge or fine pursuant to this section.
Inspection of accounts and property of public utilities.
1.  The commissioner shall, upon reasonable prior notice, have access at
reasonable times  to  reasonable  disclosure  of  accounts  and  records
established  and maintained by a local public utility mass real property
owner relating to its local public utility mass real property.
2. The commissioner shall, at reasonable times in the normal  business
operations  of  the  local  public utility mass real property owner, and
with prior notice and appointment, and not otherwise limited by  federal
law  or  regulations,  have  access to inspect locations where the local
SHORT TITLE; DEFINITIONS
Section 1. Short title.
2. Definitions.
Section  1.  Short  title.  This  chapter  shall be known as the Real
Property Law.
§  2. Definitions.
1. The terms real property and lands as used in
the first eight articles of this chapter  are  coextensive  in  meaning
with lands, tenements and hereditaments.
2. The term infant or minor as used in this chapter means a person
who has not attained the age of eighteen years.
ARTICLE 2
TENURE OF REAL PROPERTY
Section 10. Capacity to hold real property.
11. Capacity to transfer real property.
15. Title through noncitizen.
16. Liabilities of noncitizen holders of real property.
17. Heirs of patriotic Indian.
18. Mines in Saint Lawrence county.
§  10.  Capacity  to  hold  real  property. 1. A citizen of the United
States is capable of holding real property within  this  state,  and  of
taking the same by descent, devise or purchase.
2.  Noncitizens  are empowered to take, hold, transmit, and dispose of
real property within this  state  in  the  same  manner  as  native-born
citizens  and  their  heirs  and  devisees  take  in  the same manner as
3. For the purpose of maintaining offices and places of residence  for
its ambassadors and consular officers and for its representatives at the
United  Nations, a foreign government is empowered to hold, transmit and
dispose of real property within this state. Title to such  property  may
be  taken either in the name of the foreign government or in the name of
its ambassador or consul or in the name of its minister  to  the  United
Nations.  If  a  conveyance of real property is made to an ambassador or
consul or  minister  of  a  foreign  government  as  such,  or  contains
appropriate  words showing the intention to vest the title in the holder
of the office rather than in the named individual, the title to the real
property shall pass from time to time without any further conveyance  to
the  respective  successors in such office, who shall have full power to
dispose of such property.
§ 11. Capacity to transfer real property. A person other than a minor,
a  person  with  a  developmental disability, or person of unsound mind,
seized of or entitled to an estate or interest  in  real  property,  may
transfer such estate or interest.
§  15. Title through noncitizen. The right, title or interest in or to
real property in this state now held or hereafter acquired by any person
entitled to hold the same can not be questioned or impeached  by  reason
of  the noncitizen status of any person through whom such title may have
been derived. Nothing in this section affects or impairs  the  right  of
any heir, devisee, mortgagee, or creditor by judgment or otherwise.
§  16.  Liabilities  of  noncitizen  holders  of  real property. Every
noncitizen holding real property in this state  is  subject  to  duties,
assessments,  taxes  and burdens as if such noncitizen were a citizen of
the state.
§  17.  Heirs of patriotic Indians. The heirs of an Indian to whom real
property was granted for military services rendered during  the  war  of
the  Revolution  may  take  and hold such real property by descent as if
they were citizens of the state at  the  time  of  the  death  of  their
ancestors.  A  conveyance  of  such  real  property to a citizen of this
state, executed by  such  Indian  or  his  heirs  after  March  seventh,
eighteen  hundred  and  nine, is valid, if executed with the approval of
the surveyor-general or state engineer and  surveyor  prior  to  January
first,  nineteen  hundred  and  twenty-seven,  and  thereafter  with the
approval of the commissioner of transportation endorsed thereon.
§  18. Mines in Saint Lawrence county. The proprietors of any mines or
veins of lead or copper in the county of  Saint  Lawrence,  may  demise,
lease, or rent the same for a period not to exceed twenty-one years from
the  date  of  any such lease, to any foreign individual or company, and
such lessee may take, hold, work, use or convey the same during the said
term, in the same manner and subject to the same liabilities as if  such
lessee were a natural born citizen.
ARTICLE 4
USES AND TRUSTS
Section 119.   Purchase by mortgage trustee.
120.   Operation and sale by mortgage trustee.
120-a. Liquidation of mortgage by trustee.
121.   Reorganization of property covered by trust mortgage.
122.   Procedure  of  reorganization  and expenses in connection
therewith.
122-a. Modification  of   trust   mortgages   given   in   prior
re-organizations.
123.   Preserving existing rights.
§   119.  Purchase  by  mortgage  trustee.  Any  banking  corporation,
including corporations organized under the banking law and also national
banking associations authorized to act as trustees  within  this  state,
which  shall  act  as  trustee, depository or in other representative or
fiduciary capacity in respect to any mortgage upon real property  within
this  state or upon some interest therein or in respect to any indenture
relating to such real property against which bonds  or  certificates  of
parts or of shares have been issued to the public, may acquire such real
property in any foreclosure action now or hereafter pending; and in lieu
of  paying  cash therefor, may make settlement for the purchase price by
crediting upon the bond, mortgage or other obligation held  by  it,  the
net  proceeds of sale after deducting therefrom the expenses of the sale
and the costs of the action and any other sums  which  such  trustee  is
authorized to deduct under the mortgage, deed of trust or indenture. The
officer  making  such  foreclosure  sale  shall  accept  such settlement
without requiring the production of the bonds,  notes,  certificates  of
sharing, certificates of participation, or other security evidencing the
pro  rata  interest  of the holders thereof in the mortgage or indenture
being foreclosed; and, without such production, there  shall  be  deemed
credited  thereon  the  pro  rata  share  of  the  net  proceeds of sale
ascertained and established as aforesaid.
§   120.   Operation  and  sale  by  mortgage  trustee.  Such  banking
corporation, upon acquiring such  property,  shall  hold,  lease,  rent,
operate  and  manage  the  same  for the pro rata benefit of all parties
interested in said mortgage, deed of trust or  indenture  and  may,  but
shall  not  be  required to, issue certificates of participation in said
property and the rents, issues and  profits  thereof  to  those  parties
interested  in  said mortgage or indenture according to their respective
interests. At any time thereafter with the consent  of  the  holders  of
eighty-five  per  centum  of  the  principal  amount  of  the  bonds  or
certificates outstanding, or with the approval of the court  after  such
notice  to  the bondholders or certificate holders as the court by order
may direct, the court may make an order authorizing the trustee to  sell
such  property  for  such  price  and  upon  such  terms as to credit or
otherwise or for such stocks, bonds or other securities as it deems best
for those beneficially interested in said mortgage,  deed  of  trust  or
indenture.  The  order directing the giving of notice to bondholders and
certificate holders of the application  of  the  trustee  to  sell  such
property shall provide for personal service of such notice not less than
thirty  days  before  the  return  date  thereof, upon not less than ten
specified bondholders or certificate holders and notice by mail  to  all
other  bond  or  certificate  holders  whose  addresses are known to the
trustee and publication of such notice once a week on  a  week  day  for
three  successive  weeks  preceding  the  return  date  thereof  in  one
newspaper of general circulation published in the city or  county  where
said real property is located.
§  120-a.  Liquidation of mortgage by trustee. Any banking corporation
or individual acting as trustee in respect to  any  mortgage  upon  real
property  against  which  bonds shall have been issued to the public and
which mortgage shall have been given to such trustee  by  a  corporation
organized under the provisions of section one hundred twenty-one hereof,
pursuant  to  a  plan  of reorganization approved by the court and which
became effective under section one hundred twenty-two hereof,  or  which