senate Bill S788

2011-2012 Legislative Session

Relates to excluding the value of trees for the purposes of real property tax assessments

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to local government
Jan 05, 2011 referred to local government

Co-Sponsors

S788 - Bill Details

Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง305, RPT L
Versions Introduced in 2009-2010 Legislative Session:
S2432

S788 - Bill Texts

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Relates to excluding the value of trees on privately owned forest land for the purposes of real property tax assessments.

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BILL NUMBER:S788

TITLE OF BILL:

An act
to amend the real property tax law, in relation to excluding the value of
trees for the purposes of assessment

PURPOSE:

The purpose of this legislation is to exclude standing timber on
privately owned forestland from the definition of real property for
purposes of real property tax assessment.

SUMMARY OF PROVISIONS:

Section 305 of the real property tax law is amended by adding a new
subdivision 4 which removes standing timber on privately owned
forestland from the definition of real property for purposes of
real property tax assessment.

JUSTIFICATION:

This legislation would exclude standing timber on privately owned
forestland from the definition of real property for purposes of real
property tax assessment.
The escalating costs of municipal services have placed tremendous
pressure on the real property tax system. Local governments have
improved their information management systems and looked for ways to
increase their tax base. As assessors look harder at ways to increase
value, some are beginning to change their assessment on forestlands.
Those applying this change note that the current definition of real
property includes the value of standing timber in the assessment of
forestlands.
New assessments that attempt to reflect current timber values can
produce a steep tax increase on these properties. The practical
results are likely to be over harvesting, liquidation cuttings or
conversion to development. At the very least, this policy is an
incentive for landowners to practice poor forest management.
Changing the definition of real property to exclude standing timber on
private forestland will simplify the assessment process, reduce
inequities and encourage landowners to manage their forest resources
in a more sustainable manner.

LEGISLATIVE HISTORY:

2009-2010: S.2432 Referred to Local Government
2007-2008: Referred to Local Government
2006: Referred to Local Government

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:


Effective immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   788

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. YOUNG, SEWARD -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local Government

AN  ACT to amend the real property tax law, in relation to excluding the
  value of trees for the purposes of assessment

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  305  of  the real property tax law is amended by
adding a new subdivision 4 to read as follows:
  4. FOR PURPOSES OF REAL PROPERTY TAX ASSESSMENT, THE  VALUE  OF  TREES
SHALL BE EXCLUDED FOR THE PURPOSES OF ASSESSMENT.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03429-01-1

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