2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 3 - Miscellaneous Provisions › 491 - Conservation Easement Agreement Exemption; Certain Towns.

* §  491. Conservation easement agreement exemption; certain towns. 1.
Applicability. (a) In a town having a population of not less than eleven
thousand three hundred and not more than eleven thousand  four  hundred,
that  is  located  in a county having a population of not less then 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
eleven thousand three hundred and not more  than  eleven  thousand  four
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.
(b)  A town having a population of not less than eleven thousand three
hundred and not more than eleven thousand four 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 may, by a vote of the town board,
opt out of this exemption at any time.
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 eleven thousand three hundred
and not more than eleven thousand four 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  eleven  thousand
three  hundred  and  not  more than eleven thousand four 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