Section 489-P. Application of railroad ceiling; computation of exemption  


Latest version.
  • 1.  Upon receipt of a certificate setting forth the railroad ceiling for
      a railroad company, the assessor shall compute for  his  assessing  unit
      the   aggregate   of   the  assessed  valuations  and  portions  thereof
      attributable to railroad real property of such railroad company included
      in the railroad ceiling.  If the aggregate of such assessed  valuations,
      as  so  computed,  does  not  exceed  the  ceiling  as  set forth in the
      certificate for  the  railroad  company,  the  assessor  shall  make  no
      adjustment  in  such assessed valuations.  If, however, the aggregate of
      such assessed valuations, as so computed, shall  exceed  the  amount  of
      such  ceiling  as  set  forth  in  the  certificate,  such railroad real
      property shall be exempt from taxation to the extent of such excess  and
      the  assessor  shall  forthwith  reduce the assessments of such railroad
      real property of such railroad company, so that  the  aggregate  of  the
      taxable  assessed  valuations  of  such  property  shall not exceed such
      ceiling; provided, however, that the assessor shall make  no  adjustment
      in  such assessed valuations if the company failed for any reason to pay
      within thirty days of the date when due the tax levied upon the  taxable
      portion  of  the assessment of any railroad real property of the company
      set forth on the immediately preceding assessment roll of any  assessing
      unit  unless  the  payment  or  enforcement of such tax is restrained or
      prohibited by an order issued by a court of competent jurisdiction under
      the bankruptcy act of the United States.  In reducing  such  assessments
      for  the  purpose  of giving effect to exemptions granted by this title,
      the assessor shall distribute such reduction to the parcels affected  in
      direct  proportion  to  the  assessed  valuations  of such railroad real
      property  included  in  the  assessment  of  each  parcel  as  initially
      determined  by  the assessor.   The amount so deducted from the assessed
      valuation of each parcel shall be  set  forth  on  the  portion  of  the
      assessment roll provided for property exempt from taxation.  The taxable
      portion  of  the assessment remaining on railroad real property shall be
      apportioned among the school districts and special districts directly in
      proportion to the apportionments of  the  assessed  valuations  of  such
      railroad  real property made by the assessor prior to the adjustment for
      the exemption resulting from application of the railroad ceiling.    All
      certificates  of  railroad  ceilings shall be attached to the assessment
      roll or filed  therewith  as  provided  in  article  fifteen-C  of  this
      chapter.
        2.    The  assessor  is  hereby  authorized  and  directed to make the
      reductions, if any, provided for in this section on the assessment  roll
      notwithstanding  the  fact  that  he  may receive the certificate of the
      railroad ceiling after the final completion, verification and filing  of
      such   assessment   roll.     Other  local  officers,  including  school
      authorities  having  custody  and  control  of  such  roll,  are  hereby
      authorized  and  directed,  on  the  basis of information which shall be
      furnished by the assessor, to make the reductions provided for  in  this
      section.
        3.    In assessing units for which he is required by law to prepare an
      assessment roll, the assessor of a county having a county department  of
      assessment shall perform all the acts prescribed for an assessor by this
      title.  Where  a  village  has  enacted  a  local  law  as  provided  in
      subdivision three of section fourteen hundred two of this  chapter,  the
      assessor  of  the  town or county who prepares a copy of this applicable
      part of the town or county assessment  roll  for  village  tax  purposes
      shall  also  perform  the acts prescribed for assessors by this title on
      behalf of the village.