Section 489-MM. 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  for
      which  a railroad ceiling has been determined.  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  was  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  the  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.