S T A T E O F N E W Y O R K
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1566--A
2009-2010 Regular Sessions
I N S E N A T E
February 3, 2009
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Introduced by Sen. VOLKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the real property tax law, in relation to establishing a
conservation easement agreement exemption in a town having a popu-
lation of not less than eleven thousand three hundred and not more
than eleven thousand four hundred, based upon the two thousand federal
census
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The real property tax law is amended by adding a new
section 491 to read as follows:
S 491. CONSERVATION EASEMENT AGREEMENT EXEMPTION; CERTAIN TOWNS. 1.
APPLICABILITY. (A) IN A TOWN HAVING A POPULATION OF NOT LESS THAN ELEVEN
THOUSAND THREE HUNDRED AND NOT MORE THAN ELEVEN THOUSAND FOUR HUNDRED,
BASED UPON THE TWO THOUSAND FEDERAL CENSUS, REAL PROPERTY WHOSE INTER-
ESTS 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, SHALL 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. THE COUNTY IN WHICH A TOWN HAVING A POPULATION OF
NOT LESS THAN ELEVEN THOUSAND THREE HUNDRED AND NOT MORE THAN ELEVEN
THOUSAND FOUR HUNDRED, BASED UPON THE TWO THOUSAND FEDERAL CENSUS IS
LOCATED MAY, BY LOCAL LAW, AND ANY SCHOOL DISTRICT, ALL OR PART OF WHICH
IS LOCATED IN SUCH TOWN, MAY, BY RESOLUTION, EXEMPT SUCH PROPERTY FROM
ITS TAXATION IN THE SAME MANNER AND TO THE SAME EXTENT AS SUCH TOWN HAS
DONE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06076-02-9
S. 1566--A 2
(B) A TOWN HAVING A POPULATION OF NOT LESS THAN ELEVEN THOUSAND THREE
HUNDRED AND NOT MORE THAN ELEVEN THOUSAND FOUR HUNDRED, BASED UPON THE
TWO THOUSAND 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 EXIST-
ING 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 ELEVEN THOUSAND THREE HUNDRED
AND NOT MORE THAN ELEVEN THOUSAND FOUR HUNDRED, BASED UPON THE TWO THOU-
SAND 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 A TOWN HAVING A POPULATION OF NOT LESS THAN
ELEVEN THOUSAND THREE HUNDRED AND NOT MORE THAN ELEVEN THOUSAND FOUR
HUNDRED, BASED UPON THE TWO THOUSAND FEDERAL CENSUS, AND MAY NEGOTIATE
THE TERMS AND CONDITIONS OF THE OFFER. IF THE CONSERVATION BOARD DETER-
MINES 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 A TOWN HAVING A POPULATION OF NOT
LESS THAN ELEVEN THOUSAND THREE HUNDRED AND NOT MORE THAN ELEVEN THOU-
SAND FOUR HUNDRED, BASED UPON THE TWO THOUSAND FEDERAL CENSUS, SHOULD
ACCEPT SUCH PROPOSAL.
(C) THE TOWN BOARD SHALL, WITHIN THIRTY DAYS OF RECEIPT OF SUCH ADVI-
SORY OPINION, HOLD A PUBLIC HEARING CONCERNING SUCH PROPOSAL AT A PLACE
WITHIN A TOWN HAVING A POPULATION OF NOT LESS THAN ELEVEN THOUSAND THREE
HUNDRED AND NOT MORE THAN ELEVEN THOUSAND FOUR HUNDRED, BASED UPON THE
TWO THOUSAND FEDERAL CENSUS. AT LEAST TEN DAYS NOTICE OF THE TIME AND
PLACE OF SUCH HEARING SHALL BE PUBLISHED IN A PAPER OF GENERAL CIRCU-
LATION 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 ELEVEN THOUSAND
THREE HUNDRED AND NOT MORE THAN ELEVEN THOUSAND FOUR HUNDRED, BASED UPON
THE TWO THOUSAND 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
S. 1566--A 3
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 STATE BOARD.
SUCH APPLICATION SHALL BE FILED WITH THE ASSESSOR OF A TOWN HAVING A
POPULATION OF NOT LESS THAN ELEVEN THOUSAND THREE HUNDRED AND NOT MORE
THAN ELEVEN THOUSAND FOUR HUNDRED, BASED UPON THE TWO THOUSAND FEDERAL
CENSUS, ON OR BEFORE THE TAXABLE STATUS DATE OF SUCH TOWN.
(C) IF SATISFIED THAT THE APPLICANT IS ENTITLED TO AN EXEMPTION PURSU-
ANT 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 ASSESS-
MENT 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 PROP-
ERTY, 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 CONSERVA-
TION EASEMENT AGREEMENT IS CANCELED BY THE TOWN BOARD UPON PETITION,
THEN THE OWNER OR OWNERS OF SUCH PROPERTY MUST PAY TO A TOWN HAVING A
POPULATION OF NOT LESS THAN ELEVEN THOUSAND THREE HUNDRED AND NOT MORE
THAN ELEVEN THOUSAND FOUR HUNDRED, BASED UPON THE TWO THOUSAND FEDERAL
CENSUS, 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 PROP-
ERTY 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 INTER-
EST 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 JURISDIC-
TION 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 EASE-
MENT AGREEMENT IS CANCELED.
S 2. This act shall take effect immediately.
