Section 489-BB. Definitions  


Latest version.
  • When used in this title, unless otherwise
      expressly stated:
        1.  "Assessing unit" means a city, town or village.
        2.   "Railroad company" means a corporation  ,  joint  stock  company,
      association,   partnership,  individual  or  other  person  operating  a
      railroad system both within and without the  State  of  New  York  as  a
      common  carrier by rail, including but not limited to a street, surface,
      underground or elevated railroad and any corporation created under or in
      compliance with the rail  passenger  service  act  of  nineteen  hundred
      seventy  or  the  regional  rail  reorganization act of nineteen hundred
      seventy-three as those  acts  were  amended  to  April  first,  nineteen
      hundred  seventy-six,  whether  as  owner,  lessee,  mortgagee, trustee,
      receiver or assignee of railroad real property.
        3.  "Railroad real property" means the  land,  real  estate  and  real
      property (as defined in subdivision twelve of section one hundred two of
      this  chapter)  of  a  railroad  company, which is used by such railroad
      company for  transportation  purposes  and  which  is  subject  to  real
      property  taxation  except  as  provided in this title, and includes (a)
      such property  leased to such railroad company, (b) such  property  used
      for  transportation  purposes  by such railroad company under a trackage
      right or other operating agreement, title to which is in  other  than  a
      railroad  company  as  defined  in  subdivision  two of this section and
      subdivision two of section four hundred eighty-nine-b of  this  chapter,
      (c)  such  property  used or occupied by such railroad company, title to
      which is in the state or in any municipal corporation thereof under  any
      of the grade crossing elimination acts, and (d) the tangible property of
      such  railroad  company  situated  in,  upon, under or above any street,
      highway, public place or public waters; but does not include  the  value
      of any franchise, right or permission to construct, maintain or operate,
      in, under, above, on or through, streets, highways or public places.
        4.    "Subsidized  railroad  real  property"   means any railroad real
      property for which a rail service continuation subsidy is  paid  by  the
      United States or the state of New York.
        5.    "Tax"  or  "taxation"  means  an ad valorem charge or special ad
      valorem levy imposed upon real property by or on  behalf  of  a  county,
      city, town, village, school district or special district.