senate Bill S810

2011-2012 Legislative Session

Makes provisions with respect to service of real property assessment challenges upon fire districts

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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

S810 - Bill Details

See Assembly Version of this Bill:
A523
Current Committee:
Senate Local Government
Law Section:
Real Property Tax Law
Laws Affected:
Amd ยง708, RPT L
Versions Introduced in 2009-2010 Legislative Session:
S3818, A7375

S810 - Bill Texts

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Provides that real property assessment challenges shall be served upon a fire district by serving the chair of the board of fire commissioners of the fire district.

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BILL NUMBER:S810

TITLE OF BILL:
An act
to amend the real property tax law, in relation to service of petition
in a challenge to a real property assessment upon a fire district

PURPOSE:
To provide actual notice to the Board of Fire Commissioner
of a pending challenge to a real property assessment within the fire
district.

SUMMARY OF PROVISIONS:
Amends subdivision 3 of Section 708 of the Real
Property Tax Law to include the Board of Fire Commissioners among the
municipal governmental entities which receive actual notice of
challenges to real property assessments.

JUSTIFICATION:
This legislation would provide for actual notice to the
Board of Fire commissioners of challengers to the assessments of real
property located within the fire district.
Fire Districts are municipal corporations whose budgets are in part
controlled by the taxable valuation of the real property located
within the fire district. Periodically, the assessment of said real
property is challenged by the owner of said property by the filing of
a petition for tax.
certiorari action. Presently, notice of said action is received only
by the assessors office of the town or city in which the property is
located and the superintendent of schools.

LEGISLATIVE HISTORY:
S.3767, S.3818; S.1857, 2007-08; S.1359,
2005-06; S.558-A,
2003-04; S.6672, 2001-02.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding
the date on which it shall have become a law.

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

    S. 810                                                    A. 523

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

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

IN ASSEMBLY -- Introduced by M. of A. MAGEE -- read once and referred to
  the Committee on Real Property Taxation

AN  ACT  to  amend  the real property tax law, in relation to service of
  petition in a challenge to a real  property  assessment  upon  a  fire
  district

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

  Section 1. Subdivision 3 of section 708 of the real property tax  law,
as  amended  by  chapter  503 of the laws of 1996, is amended to read as
follows:
  3. Except in a city in which there is a city school district  governed
by  the  provisions  of  article fifty-two of the education law, or in a
special assessing unit as defined in article eighteen  of  this  chapter
which  is  not  a  city or in a county governed by chapter three hundred
eleven of the laws of nineteen hundred twenty, as amended by chapter one
hundred thirty of the laws of nineteen hundred thirty-five, one copy  of
the petition and notice shall be mailed within ten days from the date of
service  thereof  as  above provided to the superintendent of schools of
any school district within which any part of the real property on  which
the  assessment  to be reviewed is located and, in all instances, to the
treasurer of any county in which  any  part  of  the  real  property  is
located,  TO  THE  CHAIR  OF THE BOARD OF FIRE COMMISSIONERS OF ANY FIRE
DISTRICT IN WHICH ANY PART OF THE REAL PROPERTY IS LOCATED, and  to  the
clerk of a village which has enacted a local law as provided in subdivi-
sion  three  of  section  fourteen  hundred  two  of this chapter if the
assessment to be reviewed is on a parcel located  within  such  village.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03561-01-1

S. 810                              2                             A. 523

Neither  the  school district nor any such county [or], village OR BOARD
OF FIRE COMMISSIONERS shall thereby be deemed to have been made a  party
to  the proceeding. Proof of mailing one copy of the petition and notice
to  the  superintendent  of schools, the treasurer of the county and the
clerk of the village which has enacted a local  law  as  provided  above
shall be filed with the court within ten days of the mailing. Failure to
comply with the provisions of this section shall result in the dismissal
of the petition, unless excused for good cause shown.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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