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

* §  491-a.  Conservation easement agreement exemption; certain towns.
1.  Applicability. (a) In a town having a population of  not  less  than
seven  thousand  five  hundred  and  not  more than seven thousand seven
hundred, that is located in a county having a  population  of  not  less
than  nine  hundred  thousand  and  not  more  than  nine hundred twenty
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 thousand and not more than nine
hundred  twenty  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 seven thousand
five hundred and not more than seven  thousand  seven  hundred  that  is
located  in  a  county having a population of not less than nine hundred
thousand, 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 seven thousand five
hundred and not more than seven thousand seven hundred that  is  located
in  a  county having a population of not less than nine hundred thousand
and not more than nine hundred twenty thousand, based  upon  the  latest
decennial  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: "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 seven thousand five hundred
and not more than seven thousand seven hundred  that  is  located  in  a
county  having  a  population of not less than nine hundred thousand and
not more than nine  hundred  twenty  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 seven thousand five
hundred  and  not more than seven thousand seven hundred that is located
in a county having a population of not less than nine  hundred  thousand
and  not  more  than nine hundred twenty 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) Payment 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-a's