2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-A - Railroad Real Property of Intrastate Railroad Companies › 489-D - Exemption of Railroad Real Property From Taxation.

§  489-d.  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 three-a or three-b of this section, such  property  shall
  receive the exemption provided by subdivision three-a or three-b 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  of  property  is exempt pursuant to the provisions of this
  subdivision and the provisions of subdivision three-a or three-b of this
  section,  such  property  shall  receive  the  exemption   provided   by
  subdivision three-a or three-b of this section.
3-a. 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  such 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  title.  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.
3-b. 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 title.  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.
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.