2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 3 - Miscellaneous Provisions › 491-B*2 - Conservation Easement Agreement Exemption; Certain Towns.

* §  491-b.  Conservation easement agreement exemption; certain towns.
1.  Applicability. (a) In a town having a population of  not  less  than
three  thousand  two hundred fifty and not more than three thousand four
hundred fifty, that is located in a county having a  population  of  not
less  than  one  hundred  thousand  and  not  more than one hundred five
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 one hundred thousand and not more than one
hundred five thousand based upon and recorded in the  two  thousand  ten
federal census may, by local law, and any fire district, water district,
or  school  district, all or part of which is located in a town having a
population of not less than three thousand two  hundred  fifty  and  not
more  than three thousand four hundred fifty that is located in a county
having a population of not less than one hundred thousand and  not  more
than  one  hundred  five  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.
(b)  A  town  having  a population of not less than three thousand two
hundred fifty and not more than three thousand four hundred fifty,  that
is  located in a county having a population of not less than one hundred
thousand and not more than one hundred five  thousand,  based  upon  and
recorded  by  the two thousand ten 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:
(a)  "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.
(b) "conservation board" means a conservation advisory council or  any
other  board  appointed by the town board for the purpose of advising on
the acquisition of conservation easements.
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 three thousand two hundred
fifty and not more than  three  thousand  four  hundred  fifty  that  is
located  in  a  county  having a population of not less than one hundred
thousand and not more than one hundred five  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 three thousand two
hundred fifty and not more than three thousand four hundred  fifty  that
is  located in a county having a population of not less than one hundred
thousand and not more than one hundred five  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,  fire  districts,  water
districts, 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 up 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