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

* §  491-b.  Conservation easement agreement exemption; certain towns.
1.   Applicability. In a town having  a  population  of  not  less  than
thirty-five  thousand  and  not  more  than thirty-six thousand, that is
located in a county having a population of not less than  three  hundred
thousand  and not more than three hundred seven thousand, based upon and
recorded by the two thousand ten 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
three  hundred  thousand  and not more than three hundred seven thousand
based upon and recorded in the two thousand ten 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 thirty-five thousand and not
more than thirty-six thousand that is  located  in  a  county  having  a
population  of  not  less  than three hundred thousand and not more than
three hundred seven thousand based upon and recorded by the two thousand
ten federal census, 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 or
scenic 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 thirty-five thousand and not
more than thirty-six thousand that is  located  in  a  county  having  a
population  of  not  less  than three hundred thousand and not more than
three hundred seven  thousand,  based  upon  and  recorded  by  the  two
thousand  ten  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  thirty-five
thousand  and  not  more  than  thirty-six thousand that is located in a
county having a population of not less than three hundred  thousand  and
not  more  than three hundred seven thousand, based upon and recorded by
the two thousand ten 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-b's