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

* §  491-a.  Conservation easement agreement exemption; certain towns.
1.   Applicability. In a town having  a  population  of  not  less  than
thirty-two  thousand  and  not  more  than thirty-five thousand, that is
located in a county having a population of not less than  three  hundred
thousand  and not more than three hundred seven thousand, based upon and
recorded by the latest 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  three  hundred
thousand  and  not more than three hundred seven thousand based upon and
recorded in the  latest  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 thirty-two  thousand  and  not  more  than  thirty-five
thousand  that  is  located  in a county having a population of not less
than three hundred thousand  and  not  more  than  three  hundred  seven
thousand  based  upon  and  recorded  by  the  latest  census,  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  or
scenic  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 thirty-two  thousand  and  not
more  than  thirty-five  thousand  that  is located in a county having a
population of not less than three hundred thousand  and  not  more  than
three  hundred  seven  thousand,  based  upon and recorded by the latest
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 thirty-two thousand
and not more than thirty-five thousand  that  is  located  in  a  county
having a population of not less than three hundred thousand and not more
than three hundred seven thousand, based upon and recorded by the latest
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-a's