NY Real Prop Tax L § 489-DD (2021)
2021 New York Laws RPT - Real Property Tax Article 4 - Exemptions Title 2-B - Railroad Real Property of Interstate Railroad Companies 489-DD - Exemption of Railroad Real Property From Taxation.

§  489-dd.  Exemption  of  railroad  real  property  from taxation. 1.   Subsidized railroad real property shall be  exempt  from  taxation.  The   exemption  shall  be  granted each year only upon (a) application by the   owner of said property on a form prescribed by the commissioner and  (b)   submission of such proof as may be required by the commissioner that the   property is subsidized railroad real property. The application and proof   shall be filed with the appropriate assessing authority on or before the   appropriate  taxable  status  date,  with  copies thereof simultaneously   filed with the commissioner and the department of transportation.2. Bridges, viaducts and other similar structures  constructed  on  or   after  January  first,  nineteen hundred fifty-nine as the result of the   creation, pursuant to article twelve-B of the  highway  law,  of  a  new   highway,  street,  or roadway carrying railroad facilities over such new   highway, street, or roadway shall be exempt from taxation. No assessment   of any bridges, viaducts, and other  similar  structures  lengthened  or   reconstructed  on or after January first, nineteen hundred fifty-nine as   the result of the widening, relocation, or reconstruction of an existing   highway, street, or roadway, pursuant to article twelve-B of the highway   law, shall be increased by reason of such reconstruction or  relocation,   notwithstanding  the provisions of any general, special, or local law to   the contrary; provided, however, that the  assessment  on  the  original   portion  of  such  bridges, viaducts and other similar structures may be   varied in accordance with the changes made generally in  assessments  on   other  local real property. Whenever any new construction of property is   exempt pursuant to the provisions of this subdivision and the provisions   of subdivision six or seven of this section, such property shall receive   the exemption provided by subdivision six or seven of this section.3. Railroad real property shall be exempt from taxation to the  extent   of  any  increase  in  value  thereof  by reason of any of the following   additions,  betterments,  improvements,  or  reconstructions   made   or   installed  thereon after the last preceding taxable status date prior to   April twenty-first, nineteen hundred fifty-nine: (a) the installation of   automatic grade crossing protective devices, such as flashing lights  or   automatic  gates  and their attendant facilities; (b) the reconstruction   or the replacement  of  signals,  railroad  bridges,  stations,  freight   houses,  classification  yards, repair shops, or any other facility used   for transportation purposes; provided that the property as reconstructed   or replaced is the same general type of facility and is located  in  the   same city or town as the property reconstructed or replaced; and (c) the   construction   or   reconstruction   pursuant   to  the  grade  crossing   elimination acts, the railroad law, or the  highway  law  of  any  grade   separation  structure,  such  as  bridges,  viaducts, tunnels, retaining   walls, and embankments constructed for the  purpose  of  eliminating  or   avoiding   highway-railroad  crossings  at  grade.    Whenever  any  new   construction is exempt pursuant to the provisions  of  this  subdivision   and  the  provisions  of  subdivision six or seven of this section, such   property shall receive the exemption  provided  by  subdivision  six  or   seven of this section.4.  Except  as  provided in subdivision five of this section, railroad   real property other than subsidized  railroad  real  property  shall  be   exempt  from  taxation to the extent that the assessed valuation thereof   exceeds the railroad ceiling determined in accordance with the  earnings   ratio as hereinafter prescribed.5. Railroad real property other than subsidized railroad real property   of a railroad company shall not be exempt from taxation under this title   on  an  assessment  roll of any assessing unit if the company failed for   any reason to pay within thirty days of the date when due the tax levied   upon the taxable portion of the assessment of any railroad real property    of the company set forth on the immediately preceding assessment roll of   any assessing unit provided, however, that this  subdivision  shall  not   apply  if  the  payment  or  enforcement of such taxes was restrained or   prohibited by an order issued by a court of competent jurisdiction under   the bankruptcy act of the United States.6.  Whenever  a railroad company makes any improvements, enhancements,   or upgrades to any existing railroad real property in order  to  improve   freight  service  or  to  provide improved or new passenger service, the   cost of such project shall not be included in  the  calculation  of  any   subsequent  railroad ceilings for a period of ten years from the date of   completion of that project; provided that such  project's  improvements,   enhancements,  or  upgrades  were  made  pursuant  to  a capital project   proposal  approved  by   the   commissioner   of   the   department   of   transportation as provided in section four hundred eighty-nine-v of this   article.   The   department  of  transportation  shall  certify  to  the   commissioner  the  location  and  cost   of   any   such   improvements,   enhancements,  or  upgrades  in  a manner that provides the commissioner   with sufficient time to carry out its responsibilities pursuant to  this   chapter.7.  The  cost  of bridges, viaducts, other structures, or improvements   and new rail lines, including  any  new  rail  lines  built  to  replace   existing  rail  lines,  shall  not be included in the calculation of any   subsequent railroad ceilings for a period of ten years from the date  of   completion of such project; provided that such construction was pursuant   to  a  capital  project  proposal  approved  by  the commissioner of the   department  of  transportation  as  provided  in  section  four  hundred   eighty-nine-v  of  this  article. The department of transportation shall   certify  to  the  commissioner  the  location  and  cost  of  any   such   construction  in a manner that provides the commissioner with sufficient   time to carry out its responsibilities pursuant to this chapter.