NY Env Conserv L § 15-1919 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 19 - Drainage 15-1919 - Drainage Enhancements.

§ 15-1919. Drainage enhancements.1.  For  the  purpose  of  making apportionments of the cost of future   drainage construction, allowing credits for  such  construction  already   completed,  determining  the  economic  feasibility  of  a  contemplated   construction project and for other purposes, there shall  be  determined   for  each  parcel  of  land  in  a  district what is called the drainage   enhancement for such parcel.2. Drainage enhancement is a special form of assessed  valuation  made   for  the  purposes  of  title  19 of this article and used only as such.   Such enhancement is determined solely on the  basis  of  estimated  land   value  without  consideration of certain specified conditions and is not   dependent  on  or  made  in  connection  with  any   specific   drainage   construction project, completed or proposed. The drainage enhancement of   any parcel of land is the increase in the value of such parcel which, on   the   basis   of  prices  of  land  locally  current  at  the  time  the   determination is made, will occur as the result of improving that parcel   by drainage works from its original undrained condition to  the  maximum   condition  of  drainage  which  is  practical. It is the maximum benefit   which can inure to an undrained parcel  by  drainage  to  the  practical   limit, is the measure for the apportionment of the cost of such complete   drainage  construction  and,  as  among  other  parcels, is the relative   measure of benefits resulting from the construction of  works  giving  a   less  complete  drainage. Such enhancement, once determined, will remain   fixed until such time as a  general  change  in  local  land  values  is   experienced.3.  The value of each parcel shall be determined (a) on the assumption   that no drainage work has ever been done in the district and (b) on  the   assumption  that  the  land  is drained to the maximum practical extent.   The  difference  is  the   drainage   enhancement.   In   making   these   determinations  it  shall  be assumed in both instances that the land is   devoted to the highest use for which  it  will  be  fitted  by  drainage   regardless  of  the  fact  that  it  may have to be cleared or otherwise   prepared for such use, unless it can be shown that drainage will  affect   the  cost  of  such clearing and preparation in which case due allowance   shall be made therefor. If a parcel contains lands of  different  values   it   may   be   subdivided  and  the  enhancement  determined  for  each   subdivision.4. The department may appoint persons as assessors to  assist  in  the   determination of such drainage enhancements.5.  These "drainage enhancements" are the same as the "benefits due to   drainage" specified in earlier forms of article VIII of the Conservation   Law,  and  "drainage  enhancements"  specified  in  article  V  of   the   Conservation  Law as it read on the date of the enactment of the present   chapter, and any such  "benefits"  heretofore  determined  shall  remain   unchanged by this amendment, but shall, after this article takes effect,   be known and used as "enhancements."