2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-B - Railroad Real Property of Interstate Railroad Companies › 489-DD - Exemption of Railroad Real Property From Taxation.

§  489-dd.  Exemption  of  railroad  real  property  from taxation. 1.
  Subsidized railroad real property shall be  exempt  from  taxation.  The
  exemption  shall  be  granted each year only upon (a) application by the
  owner of said property on a form prescribed by the commissioner and  (b)
  submission of such proof as may be required by the commissioner that the
  property is subsidized railroad real property. The application and proof
  shall be filed with the appropriate assessing authority on or before the
  appropriate  taxable  status  date,  with  copies thereof simultaneously
  filed with the commissioner and the department of transportation.
2. Bridges, viaducts and other similar structures  constructed  on  or
  after  January  first,  nineteen hundred fifty-nine as the result of the
  creation, pursuant to article twelve-B of the  highway  law,  of  a  new
  highway,  street,  or roadway carrying railroad facilities over such new
  highway, street, or roadway shall be exempt from taxation. No assessment
  of any bridges, viaducts, and other  similar  structures  lengthened  or
  reconstructed  on or after January first, nineteen hundred fifty-nine as
  the result of the widening, relocation, or reconstruction of an existing
  highway, street, or roadway, pursuant to article twelve-B of the highway
  law, shall be increased by reason of such reconstruction or  relocation,
  notwithstanding  the provisions of any general, special, or local law to
  the contrary; provided, however, that the  assessment  on  the  original
  portion  of  such  bridges, viaducts and other similar structures may be
  varied in accordance with the changes made generally in  assessments  on
  other  local real property. Whenever any new construction of property is
  exempt pursuant to the provisions of this subdivision and the provisions
  of subdivision six or seven of this section, such property shall receive
  the exemption provided by subdivision six or seven of this section.
3. Railroad real property shall be exempt from taxation to the  extent
  of  any  increase  in  value  thereof  by reason of any of the following
  additions,  betterments,  improvements,  or  reconstructions   made   or
  installed  thereon after the last preceding taxable status date prior to
  April twenty-first, nineteen hundred fifty-nine: (a) the installation of
  automatic grade crossing protective devices, such as flashing lights  or
  automatic  gates  and their attendant facilities; (b) the reconstruction
  or the replacement  of  signals,  railroad  bridges,  stations,  freight
  houses,  classification  yards, repair shops, or any other facility used
  for transportation purposes; provided that the property as reconstructed
  or replaced is the same general type of facility and is located  in  the
  same city or town as the property reconstructed or replaced; and (c) the
  construction   or   reconstruction   pursuant   to  the  grade  crossing
  elimination acts, the railroad law, or the  highway  law  of  any  grade
  separation  structure,  such  as  bridges,  viaducts, tunnels, retaining
  walls, and embankments constructed for the  purpose  of  eliminating  or
  avoiding   highway-railroad  crossings  at  grade.    Whenever  any  new
  construction is exempt pursuant to the provisions  of  this  subdivision
  and  the  provisions  of  subdivision six or seven of this section, such
  property shall receive the exemption  provided  by  subdivision  six  or
  seven of this section.
4.  Except  as  provided in subdivision five of this section, railroad
  real property other than subsidized  railroad  real  property  shall  be
  exempt  from  taxation to the extent that the assessed valuation thereof
  exceeds the railroad ceiling determined in accordance with the  earnings
  ratio as hereinafter prescribed.
5. Railroad real property other than subsidized railroad real property
  of a railroad company shall not be exempt from taxation under this title
  on  an  assessment  roll of any assessing unit if the company failed for
  any reason to pay within thirty days of the date when due the tax levied
  upon the taxable portion of the assessment of any railroad real property

  of the company set forth on the immediately preceding assessment roll of
  any assessing unit provided, however, that this  subdivision  shall  not
  apply  if  the  payment  or  enforcement of such taxes was restrained or
  prohibited by an order issued by a court of competent jurisdiction under
  the bankruptcy act of the United States.
6.  Whenever  a railroad company makes any improvements, enhancements,
  or upgrades to any existing railroad real property in order  to  improve
  freight  service  or  to  provide improved or new passenger service, the
  cost of such project shall not be included in  the  calculation  of  any
  subsequent  railroad ceilings for a period of ten years from the date of
  completion of that project; provided that such  project's  improvements,
  enhancements,  or  upgrades  were  made  pursuant  to  a capital project
  proposal  approved  by   the   commissioner   of   the   department   of
  transportation as provided in section four hundred eighty-nine-v of this
  article.   The   department  of  transportation  shall  certify  to  the
  commissioner  the  location  and  cost   of   any   such   improvements,
  enhancements,  or  upgrades  in  a manner that provides the commissioner
  with sufficient time to carry out its responsibilities pursuant to  this
  chapter.
7.  The  cost  of bridges, viaducts, other structures, or improvements
  and new rail lines, including  any  new  rail  lines  built  to  replace
  existing  rail  lines,  shall  not be included in the calculation of any
  subsequent railroad ceilings for a period of ten years from the date  of
  completion of such project; provided that such construction was pursuant
  to  a  capital  project  proposal  approved  by  the commissioner of the
  department  of  transportation  as  provided  in  section  four  hundred
  eighty-nine-v  of  this  article. The department of transportation shall
  certify  to  the  commissioner  the  location  and  cost  of  any   such
  construction  in a manner that provides the commissioner with sufficient
  time to carry out its responsibilities pursuant to this chapter.