NY Real Prop Tax L § 491-2 (2021)
2021 New York Laws RPT - Real Property Tax Article 4 - Exemptions Title 3 - Miscellaneous Provisions 491*2 - Conservation Easement Agreement Exemption; Certain Towns.

* §  491. Conservation easement agreement exemption; certain towns. 1. Applicability. A town having a population of not less than  twenty-seven thousand  six  hundred  and  not  more  than twenty-seven thousand seven hundred that is located in a county having a population of not less than nine hundred fifty thousand and not more  than  nine  hundred  fifty-one thousand,  based  upon  the  latest  decennial federal census, is hereby authorized to adopt a local law to  provide  that  real  property  whose interests   or  rights  have  been  acquired  for  the  purpose  of  the preservation of an open space or an open area, as authorized in  section two  hundred  forty-seven of the general municipal law, may be partially exempt from local real property taxation, provided  that  the  owner  or owners  of  such  real  property  enter  into  a  conservation  easement agreement with  the  municipality  in  accordance  with  the  procedures specified  in  subdivision  three  of  this  section.  A county having a population of not less than nine hundred fifty  thousand  and  not  more than  nine  hundred  fifty-one thousand, based upon the latest decennial federal census may, by local law, and any school district, all  or  part of  which  is  located  in  a  town having a population of not less than twenty-seven  thousand  six  hundred  and  not  more  than  twenty-seven thousand  seven  hundred that is located in a county having a population of not less than nine hundred fifty thousand  and  not  more  than  nine hundred  fifty-one  thousand,  may,  by resolution, exempt such property from its taxation in the same manner and to the same extent as such town has done.   2. Definitions. For the purpose of this section, the  following  terms shall have the following meanings: "open space" or "open area" means any space  or  area characterized by natural scenic beauty or whose existing openness, natural condition or present state of use, if retained,  would enhance  the present or potential value of abutting or surrounding urban development or would maintain or enhance the conservation of natural  or scenic   resources.  For  the  purposes  of  this  definition,  "natural resources" shall include, but not  be  limited  to,  agricultural  lands defined   as   open  lands  actually  used  in  bona  fide  agricultural production.   3. Procedures for obtaining a conservation easement agreement. (a) Any owner or owners of land may submit a proposal to the  town  board  of  a town  having  a  population  of  not less than twenty-seven thousand six hundred and not more than twenty-seven thousand seven  hundred  that  is located  in  a  county having a population of not less than nine hundred fifty thousand and not more than nine hundred fifty-one thousand,  based upon  the  latest decennial federal census, for the granting of interest or rights in real property for the preservation of open space or  areas. Such  proposal  shall  be  submitted in such a manner and form as may be prescribed by the conservation board of such town.  (b) Upon receipt of such proposal, the town  board  shall  convey  the proposal to the conservation board of such town. Such conservation board shall  investigate  the  area  to  determine if the proposal would be of benefit to the people of the  town  and  may  negotiate  the  terms  and conditions of the offer. If the conservation board determines that it is in  the  public  interest to accept such proposal, it shall recommend to the town board that  it  hold  a  public  hearing  for  the  purpose  of determining whether or not the town should accept such proposal.  (c)  The  town  board  shall,  within  thirty  days of receipt of such advisory opinion, hold a public hearing concerning such  proposal  at  a place within the town. At least ten days notice of the time and place of such  hearing  shall  be  published in a paper of general circulation in such town, and a written notice of such proposal shall be given  to  all adjacent  property  owners  and to any municipality whose boundaries are  within five hundred feet of the boundaries of said proposed area, and to the school district in which it is located.  (d)  The  town  board, after receiving the reports of the conservation board of a town having  a  population  of  not  less  than  twenty-seven thousand  six  hundred  and  not  more  than twenty-seven thousand seven hundred that is located in a county having a population of not less than nine hundred fifty thousand and not more  than  nine  hundred  fifty-one thousand, based upon the latest decennial federal census, and after such public  hearing,  may  adopt the proposal or any modification thereof it deems appropriate or may reject it in its entirety.  (e) If such proposal is  adopted  by  the  town  board,  it  shall  be executed  by  the owner or owners in written form and in a form suitable for recording in the county clerk's office.  (f) Such agreement may not be canceled by either party.  However,  the owner  or  owners  thereof  may petition the town board for cancellation upon good cause shown, and such cancellation may be  granted  only  upon payment of the penalties provided in this section.   4.  Computation.  (a)  An  exemption  granted pursuant to this section shall commence as of the effective date  of  the  conservation  easement agreement,  and  shall  terminate  upon the expiration or termination of such conservation easement agreement.  (b) The following  table  shall  illustrate  the  computation  of  the exemption:      Commitment        Percentage of Exemption      15 to 29 years              50%      30 to 49 years              75%      50 to 75 years              85%      Perpetual                   90% Such  exemption  shall  be granted only upon application by the owner or owners of such real property on a form prescribed by  the  commissioner. Such  application  shall  be  filed  with the assessor of the town on or before the taxable status date of such town.  (c) If satisfied that  the  applicant  is  entitled  to  an  exemption pursuant to this section, the assessor shall approve the application and such  real property shall thereafter be exempt from taxation and special ad valorem levies as  provided  in  this  section  commencing  with  the assessment  roll  prepared  on the basis of the taxable status date. The assessed value of any exemption granted pursuant to this  section  shall be  entered  by  the  assessor  on  the assessment roll with the taxable property, with the amount of the exemption shown in a separate column.  (d) Whenever a conservation easement encumbers only  a  portion  of  a parcel,  the  assessor shall henceforth enter that portion of the parcel encumbered by such easement as  a  separate  parcel  on  all  subsequent assessment rolls.   5.  Penalties  for  offenses. If there is a violation of the terms and conditions  of  the  conservation  easement   agreement   or   if   such conservation  easement  agreement  is  canceled  by  the town board upon petition, then the owner or owners of such  property  must  pay  to  the town, the following amounts:  (a)  All taxes abated pursuant to the conservation easement agreement, as limited by the remainder of this section, including,  if  applicable, those  taxes  imposed  by  the  county,  town,  school districts and all special improvement districts  and  other  taxing  units  to  which  the property  is subject. Repayment of the aforementioned abated taxes shall be equal to five times the taxes saved in the last  year  in  which  the land  benefited  from  a conservation easement agreement exemption, plus interest of six percent per year compounded annually for  each  year  in which an exemption was granted, not exceeding five years.  (b)   Payments  shall  be  added  by  or  on  behalf  of  each  taxing jurisdiction to the taxes levied on the assessment roll prepared on  the basis of the first taxable status date after there is a violation of the terms  and  conditions of the conservation easement or such conservation easement agreement is canceled.   * NB There are 2 § 491's