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This entry was published on 2014-09-22
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SECTION 600
Assessment of special franchises by commissioner
Real Property Tax (RPT) CHAPTER 50-A, ARTICLE 6
§ 600. Assessment of special franchises by commissioner. 1. The
commissioner shall annually determine the assessment of each special
franchise subject to assessment in each assessing unit in accordance
with the provisions of subdivision four of section three hundred two of
this chapter. In making such determination the commissioner may take
testimony and hear proof under oath or otherwise, avail itself of all
information on the subject appearing in its office or acquired in the
discharge of its duties and may employ experts, agents or other persons
to procure any information required for such purpose.

2. Notwithstanding any other provision of this chapter, the assessor
in each city, town and village and in each county having a county
department of assessment shall annually assess all real property of
railroads situated in such city, town, village or county, as the case
may be, including the tangible property of a railroad situated in, upon,
under or above any street, highway, public place or public waters.

3. Each special franchise owner shall pay an annual charge to the
state office. All costs and expenses of the state office, direct and
indirect, incurred in the assessment of special franchise property shall
be paid from the collection of an annual charge upon special franchise
owners. The commissioner shall provide by rule for computation of this
charge through the apportionment of these costs and expenses to special
franchise owners in relation to the total full value of such special
franchise property. Charges shall be subject to the approval of the
director of the budget. Any unpaid fee shall be a lien upon the assets
of the special franchise owner and may be enforced by appropriate
administrative or judicial proceedings commenced by counsel to the state
office.