Section 489-E. Railroad ceiling  


Latest version.
  • For the purpose of determining the extent
      to  which  railroad  real  property  shall be exempt under this title, a
      railroad ceiling for the railroad real property  other  than  subsidized
      railroad  real  property  of  each  railroad  company  situated  in each
      assessing unit shall be established  annually  by  the  state  board  as
      follows:
        (1)  Determine (a) the system reproduction cost in accordance with the
      provisions  of  sections  four  hundred  eighty-nine-f  and four hundred
      eighty-nine-g of this chapter,  (b)  the  average  railway  earnings  in
      accordance  with  the  provisions of sections four hundred eighty-nine-f
      and four hundred eighty-nine-h of this chapter, (c) the  earnings  ratio
      in  accordance with the provisions of section four hundred eighty-nine-i
      of this chapter,  (d)  the  exemption  factor  in  accordance  with  the
      provisions  of  section  four hundred eighty-nine-j of this chapter, and
      (e) the local reproduction cost in accordance  with  the  provisions  of
      sections  four  hundred  eighty-nine-f and four hundred eighty-nine-k of
      this chapter;
        (2)  Multiply the local reproduction cost by the exemption factor  and
      subtract the result thereof from the local reproduction cost; and
        (3)      Multiply  the  result  of  such  calculations  by  the  state
      equalization rate determined  or  established  in  accordance  with  the
      provisions  of  section four hundred eighty-nine-l of this chapter.  The
      result shall be the railroad ceiling.
        (4)  Determinations made pursuant to this section shall be based  upon
      the  value  of  the railroad real property as of the rate valuation date
      and ownership of such railroad real property as of the thirty-first  day
      of  December of the year preceding the year in which the assessment roll
      to which such ceiling assessment will apply is filed in  the  office  of
      the  city or town clerk, except that those determinations shall be based
      upon ownership as of the thirty-first day of December of the second year
      preceding the  date  required  by  law  for  the  filing  of  the  final
      assessment  roll  for  purposes  of city assessment rolls required to be
      filed between January first and June first inclusive and for all village
      assessment rolls. As used in this subdivision, the term "rate  valuation
      date" means the date as of which the full value of taxable real property
      on   an  assessement  roll  is  estimated  for  purposes  of  the  state
      equalization rate to be applied in the  establishment  of  the  railroad
      ceiling.