2023 New York Laws › RPT - Real Property Tax › Article 5 - Assessment Procedure › Title 2 - Assessment and Taxation of Certain State Lands › 542 - Assessment of State Lands; Approval Thereof.

§  542.  Assessment  of state lands; approval thereof. 1. a. Except as
provided in paragraph b of this  subdivision,  state  lands  subject  to
taxation  shall  be  valued  as  if  privately  owned  and  assessed  by
multiplying the value of the lands by the latest state equalization rate
established for the  assessing  unit  or  a  special  equalization  rate
established  in  accordance  with  the  provisions  of  paragraph (a) of
subdivision one of section twelve hundred twenty-two of this chapter.
b. Where an assessing unit implements a revaluation or  update  on  an
assessment  roll  completed  on or after January first, nineteen hundred
ninety-one, state lands subject to taxation in such assessing unit shall
be valued as if privately owned as of the valuation date  applicable  to
the revaluation or update and assessed at the same uniform percentage of
value as other taxable real property in the assessing unit. In each year
subsequent  to  a revaluation or update, state lands subject to taxation
in such assessing unit shall be valued as if privately owned and  valued
as  of  the  valuation  date applicable to the revaluation or update and
assessed at the same uniform percentage of value as other  taxable  real
property in the assessing unit.
2.  In the case of state lands subject to taxation for school purposes
only, the assessors shall enter the assessments on the  exempt  part  of
the city or town assessment roll, as the case may be. When preparing the
appropriate portion of the assessment roll for school district purposes,
they shall enter such assessments on the taxable part thereof.
3.  (a)  Not  later than twenty days prior to the date provided by law
for the completion of the tentative assessment  roll  in  any  assessing
unit  in  which state lands are subject to taxation, but in no event any
earlier than the taxable status date for such roll, the  assessor  shall
notify  the  commissioner  of the amount of any assessment of such state
lands. In the case of a  village  which  has  enacted  a  local  law  as
provided  in  subdivision  three of section fourteen hundred two of this
chapter, the town or  county  assessor,  who  prepares  a  copy  of  the
applicable  part  of  the town or county assessment roll for village tax
purposes, shall also notify the commissioner of the amount of such state
lands located within the village. Thereafter and  not  later  than  five
days  prior  to  the last day set by law for the completion of the final
assessment  roll  each  such  assessment  shall  be  approved   by   the
commissioner in accordance with subdivision one of this section.
(b)  No  such  assessment  shall  be valid for any purpose without the
approval of the commissioner, which approval shall  be  evidenced  by  a
certificate  attached  to  the  assessment roll of the assessing unit or
copy of the applicable part thereof used for school district or  village
purposes,  when the village is not an assessing unit, or filed therewith
in accordance with section fifteen hundred eighty-four of this  chapter.
Where  administrative or judicial proceedings are commenced to review an
assessment approved by the commissioner, a certificate of approval shall
not be deemed a waiver of any right to review  of  the  assessment,  nor
shall such certificate constitute an admission in any such proceeding.
(c)  Notwithstanding  the  foregoing provisions of this section or any
general or special law to  the  contrary,  the  total  taxable  assessed
valuation  of  those  state-owned  wild or forest lands lying within the
Adirondack  park  as  approved  by  the  commissioner  upon  any   final
assessment  roll  completed,  verified  and  filed  in the year nineteen
hundred sixty, shall not, upon any assessment roll hereafter  completed,
or  applicable  part  thereof  used  for  village tax purposes where the
village is not an assessing unit, be reduced  by  the  approval  of  the
commissioner  to  a  total  amount  less than the total taxable assessed
valuation of such state-owned wild or forest lands within such  park  as
approved  by  the  commissioner  upon the corresponding final assessment

roll completed, verified and filed in the year nineteen hundred sixty as
adjusted by the commissioner for any change in the level  of  assessment
thereafter  occurring  as  hereinafter  provided, and such total taxable
assessed  valuation  of all state-owned wild or forest lands within such
park as approved by the commissioner  upon  any  final  assessment  roll
completed,  verified  and filed in the year nineteen hundred sixty shall
be adjusted by  the  commissioner  upon  its  own  motion  or  upon  the
application  of the assessing unit, or village which is not an assessing
unit, to reflect a subsequent increase  or  decrease  in  the  level  of
assessment  for the assessing unit, or village which is not an assessing
unit,  as  compared  with  the  corresponding  final   assessment   roll
completed,  verified  and  filed  in nineteen hundred sixty. "Adirondack
park" or "park" as used in the last preceding sentence means land  lying
within  the  area  described in subdivision one of section 9-0101 of the
environmental conservation law including any future amendments thereto.
4. Notwithstanding the foregoing provisions of  this  section  or  any
other  law,  an  assessment  of  state  lands  taxable  pursuant  to the
provisions of this title acquired by the state prior to the lien date of
taxes thereon may, at any time within two years from the time  made,  be
approved  by  the  commissioner  in  such  an  amount as will place such
assessment at the same percentage of full  valuation  as  other  taxable
real property in the assessing unit at the time the assessment was made.
Upon  approval of such an assessment of state lands, taxes thereon shall
be legalized, ratified and confirmed in an amount which would have  been
payable  had  such assessment been approved by the commissioner pursuant
to subdivision three of  this  section.  Such  taxes  may  thereupon  be
audited  and  paid  by  the comptroller in the same manner that taxes on
such lands would ordinarily be audited and paid.