2023 New York Laws › RPT - Real Property Tax › Article 5 - Assessment Procedure › Title 2 - Assessment and Taxation of Certain State Lands › 543 - Assessment of Conservation Easements.

§  543. Assessment of conservation easements. 1. Upon acquisition of a
conservation easement subject to taxation pursuant to this title and for
common law easements acquired by the state in the Adirondack or Catskill
parks  and  subject  to  taxation,  the  commissioner  of  environmental
conservation  shall  determine  an  allocation factor applicable to each
parcel subject to such  conservation  easement.  The  allocation  factor
shall  be  the  portion  of  the value of each parcel which the easement
represents, expressed as a percentage. The commissioner shall  forthwith
certify  any  such  allocation factor to the commissioner and to the fee
owner. The commissioner shall supply to the commissioner copies  of  any
appraisals  made in conjunction with the acquisition of the easement for
use by the board pursuant to section  five  hundred  forty-two  of  this
title.
2.  Such  allocation factor shall remain in effect for a period of ten
years from the date of acquisition of such easement by the state or, for
previously acquired common law easements, from the date such  allocation
factor  was  first  determined.  After such ten year period has elapsed,
such allocation factor shall be subject to review and  revision  by  the
commissioner as appropriate, based on significant change in the relative
values of the fee and easement interests.
3.  After  such  ten  year period has elapsed and in the first year in
which the commissioner independently computes the portion of  the  value
of  the  parcel  attributable  to  a conservation easement or common law
easement, if such  portion  is  different  from  the  allocation  factor
previously determined by the commissioner of environmental conservation,
the  commissioner shall recompute the allocation factor by averaging the
previous allocation factor and the portion computed by the commissioner.
In any subsequent year, the allocation factor  based  upon  the  portion
computed  by  the  commissioner  shall supersede any previous allocation
factor.
4. Whenever a conservation easement is acquired  and  for  common  law
easements  acquired  by the state on land within the Adirondack or Cats-
kill parks subject to taxation,  the  commissioner  shall  be  a  person
aggrieved  by  the  assessment of the parcel or parcels burdened by such
easement for purposes of seeking administrative and/or  judicial  review
of  such  assessments.  Notwithstanding  the provisions of section seven
hundred four of this chapter, the commissioner may seek judicial  review
within  two  years of the acquisition of a conservation easement or, for
such state owned common law easements, within two years of the date when
the easement became subject to taxation and need not seek administrative
review prior to seeking such judicial review. Whenever the  commissioner
seeks  administrative  or  judicial  review  of  the  assessment of such
burdened parcel or parcels, it shall send a copy  of  the  complaint  or
petition to the owner of a burdened parcel within ten days of the filing
of a complaint or the service of a petition.
5.  Determination  and  payment of the state's share of municipal real
property taxes which become a lien after vesting but prior to  the  next
taxable status date shall be made as follows:
(a) The state is responsible for direct payment to the municipality of
its proportionate share, determined by multiplying the amount of the tax
bill   by  the  allocation  factor  which  shall  be  certified  by  the
commissioner  to  the  assessor  and  chief  fiscal  officers   of   the
municipalities  within  which  the property is situated and to the state
comptroller.
(b) Upon  presentation  of  a  certificate  issued  pursuant  to  this
section,  a  collecting  officer is hereby authorized to accept from the
underlying fee owner the taxes due and owing from the  fee  owner  after
deducting  those  taxes  for  which  the  state is liable because of its

acquisition of a conservation easement or common law easement subject to
taxation pursuant to this title. Any official having custody of a  final
assessment roll or tax roll is hereby authorized to make such changes on
that roll as may be required by the commissioner to incorporate the tax-
able  assessed  value attributable to such easement using the allocation
factor as certified pursuant to this section.
(c) The county treasurer shall submit a copy of the certificate issued
pursuant to this section, together with a statement of taxes due, to the
state  comptroller  for  payment  pursuant  to  section   five   hundred
forty-four of this title.
6.  Payment  of  taxes  by  the  owner  of  a  parcel  burdened  by  a
conservation easement or common law easement made  taxable  pursuant  to
this title based upon the assessment of the parcel without consideration
of  that  easement  shall  entitle  that  owner  to a refund pursuant to
section five hundred fifty-six of this article, equal to any taxes  paid
by   the  state  upon  such  easement.  Such  owner  shall  present  the
certificate issued pursuant to this section and proof of payment to  the
tax levying body.
7. (a) Whenever the state acquires a conservation easement or a common
law  easement made taxable pursuant to this title which burdens a parcel
containing an improvement, the commissioner shall  specify  whether  the
easement applies to the land, the improvements or both.
(b)  Where  a conservation easement created pursuant to title three of
article forty-nine of the environmental conservation law or a common law
easement for conservation purposes has been or is  hereinafter  acquired
by the state:
(i)  on  a  parcel  of  property  which is otherwise fully exempt from
taxation, the assessor shall determine the  taxable  assessment  of  the
conservation  easement by multiplying the allocation factor by the total
assessed value of the land, the improvement, or the  entire  parcel,  as
appropriate;
(ii)  on a parcel of property which is partially exempt from taxation,
the assessor shall determine the taxable assessment of the  conservation
easement  by  multiplying  the  allocation  factor by the total assessed
value  of  the  land,  the  improvement,  or  the  entire   parcel,   as
appropriate;
(iii) on a parcel which is partially exempt from taxation, the taxable
assessed  value  of  the burdened parcel shall be calculated through pro
ration  of  the  partial  exemption  in  the  same  proportions  as  the
allocation factor. The owner of the burdened parcel shall be entitled to
the  pro  rated  portion  of  the  exemption  which is applicable to the
remainder fee interest.
(c) No exemption shall be applied to the total assessed value  of  the
conservation easement.