Section 489-O. Final determination of railroad ceiling; certificate  


Latest version.
  • 1.
      After the hearing provided for in section four hundred eighty-nine-n  of
      this  chapter,  the  state  board  shall  finally determine the railroad
      ceiling for the railroad real property of each railroad company situated
      in each assessing unit.  Whenever upon complaint the state  board  shall
      revise the local reproduction cost of a railroad company in an assessing
      unit,  it  shall  revise  the  railroad ceiling therefor to reflect such
      revision, but it shall not, on account  of  such  revision,  modify  any
      other  determination  with  respect  to  the  railroad ceilings for such
      railroad company for such  year.    Notwithstanding  the  fact  that  no
      complaint   shall   have   been   filed  with  respect  to  a  tentative
      determination of a railroad ceiling, the state board shall  give  effect
      to  any  special  equalization rate established, pursuant to subdivision
      two of section four hundred eighty-nine-l of this chapter prior  to  the
      final determination of the railroad ceiling.
        2.  Not later than ten days before the last date prescribed by law for
      the  levy  of  taxes,  the  state board shall file a certificate setting
      forth each railroad ceiling as finally determined with the  assessor  of
      the  appropriate  assessing  unit  or  the  town  or county assessor who
      prepares a copy of the applicable part of the town or county  assessment
      roll  for  village  tax  purposes  as  provided  in subdivision three of
      section fourteen hundred two of this chapter,   and  at  the  same  time
      shall  transmit to each railroad company for which such ceiling has been
      determined a duplicate copy of such certificate.
        3. Any final determination of a railroad ceiling by  the  state  board
      pursuant to subdivision one of this section shall be subject to judicial
      review in a proceeding under article seventy-eight of the civil practice
      law and rules.