NY Real Prop Tax L § 543 (2021)
2021 New York Laws RPT - Real Property Tax Article 5 - Assessment Procedure Title 2 - Assessment and Taxation of Certain State Lands 543 - Assessment of Conservation Easements.

§  543. Assessment of conservation easements. 1. Upon acquisition of a conservation easement subject to taxation pursuant to this title and for common law easements acquired by the state in the Adirondack or Catskill parks  and  subject  to  taxation,  the  commissioner  of  environmental conservation  shall  determine  an  allocation factor applicable to each parcel subject to such  conservation  easement.  The  allocation  factor shall  be  the  portion  of  the value of each parcel which the easement represents, expressed as a percentage. The commissioner shall  forthwith certify  any  such  allocation factor to the commissioner and to the fee owner. The commissioner shall supply to the commissioner copies  of  any appraisals  made in conjunction with the acquisition of the easement for use by the board pursuant to section  five  hundred  forty-two  of  this title.   2.  Such  allocation factor shall remain in effect for a period of ten years from the date of acquisition of such easement by the state or, for previously acquired common law easements, from the date such  allocation factor  was  first  determined.  After such ten year period has elapsed, such allocation factor shall be subject to review and  revision  by  the commissioner as appropriate, based on significant change in the relative values of the fee and easement interests.   3.  After  such  ten  year period has elapsed and in the first year in which the commissioner independently computes the portion of  the  value of  the  parcel  attributable  to  a conservation easement or common law easement, if such  portion  is  different  from  the  allocation  factor previously determined by the commissioner of environmental conservation, the  commissioner shall recompute the allocation factor by averaging the previous allocation factor and the portion computed by the commissioner. In any subsequent year, the allocation factor  based  upon  the  portion computed  by  the  commissioner  shall supersede any previous allocation factor.   4. Whenever a conservation easement is acquired  and  for  common  law easements  acquired  by the state on land within the Adirondack or Cats- kill parks subject to taxation,  the  commissioner  shall  be  a  person aggrieved  by  the  assessment of the parcel or parcels burdened by such easement for purposes of seeking administrative and/or  judicial  review of  such  assessments.  Notwithstanding  the provisions of section seven hundred four of this chapter, the commissioner may seek judicial  review within  two  years of the acquisition of a conservation easement or, for such state owned common law easements, within two years of the date when the easement became subject to taxation and need not seek administrative review prior to seeking such judicial review. Whenever the  commissioner seeks  administrative  or  judicial  review  of  the  assessment of such burdened parcel or parcels, it shall send a copy  of  the  complaint  or petition to the owner of a burdened parcel within ten days of the filing of a complaint or the service of a petition.   5.  Determination  and  payment of the state's share of municipal real property taxes which become a lien after vesting but prior to  the  next taxable status date shall be made as follows:  (a) The state is responsible for direct payment to the municipality of its proportionate share, determined by multiplying the amount of the tax bill   by  the  allocation  factor  which  shall  be  certified  by  the commissioner  to  the  assessor  and  chief  fiscal  officers   of   the municipalities  within  which  the property is situated and to the state comptroller.  (b) Upon  presentation  of  a  certificate  issued  pursuant  to  this section,  a  collecting  officer is hereby authorized to accept from the underlying fee owner the taxes due and owing from the  fee  owner  after deducting  those  taxes  for  which  the  state is liable because of its  acquisition of a conservation easement or common law easement subject to taxation pursuant to this title. Any official having custody of a  final assessment roll or tax roll is hereby authorized to make such changes on that roll as may be required by the commissioner to incorporate the tax- able  assessed  value attributable to such easement using the allocation factor as certified pursuant to this section.  (c) The county treasurer shall submit a copy of the certificate issued pursuant to this section, together with a statement of taxes due, to the state  comptroller  for  payment  pursuant  to  section   five   hundred forty-four of this title.   6.  Payment  of  taxes  by  the  owner  of  a  parcel  burdened  by  a conservation easement or common law easement made  taxable  pursuant  to this title based upon the assessment of the parcel without consideration of  that  easement  shall  entitle  that  owner  to a refund pursuant to section five hundred fifty-six of this article, equal to any taxes  paid by   the  state  upon  such  easement.  Such  owner  shall  present  the certificate issued pursuant to this section and proof of payment to  the tax levying body.   7. (a) Whenever the state acquires a conservation easement or a common law  easement made taxable pursuant to this title which burdens a parcel containing an improvement, the commissioner shall  specify  whether  the easement applies to the land, the improvements or both.  (b)  Where  a conservation easement created pursuant to title three of article forty-nine of the environmental conservation law or a common law easement for conservation purposes has been or is  hereinafter  acquired by the state:  (i)  on  a  parcel  of  property  which is otherwise fully exempt from taxation, the assessor shall determine the  taxable  assessment  of  the conservation  easement by multiplying the allocation factor by the total assessed value of the land, the improvement, or the  entire  parcel,  as appropriate;  (ii)  on a parcel of property which is partially exempt from taxation, the assessor shall determine the taxable assessment of the  conservation easement  by  multiplying  the  allocation  factor by the total assessed value  of  the  land,  the  improvement,  or  the  entire   parcel,   as appropriate;  (iii) on a parcel which is partially exempt from taxation, the taxable assessed  value  of  the burdened parcel shall be calculated through pro ration  of  the  partial  exemption  in  the  same  proportions  as  the allocation factor. The owner of the burdened parcel shall be entitled to the  pro  rated  portion  of  the  exemption  which is applicable to the remainder fee interest.  (c) No exemption shall be applied to the total assessed value  of  the conservation easement.