2023 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