Section 542. Assessment of state lands; approval thereof  


Latest version.
  • 1.  a. Except as
      provided in paragraph b of this  subdivision,  state  lands  subject  to
      taxation  shall  be  valued  as  if  privately  owned  and  assessed  by
      multiplying the value of the lands by the latest state equalization rate
      established for the  assessing  unit  or  a  special  equalization  rate
      established  in  accordance  with  the  provisions  of  paragraph (a) of
      subdivision one of section twelve hundred twenty-two of this chapter.
        b. Where an assessing unit implements a revaluation or  update  on  an
      assessment  roll  completed  on or after January first, nineteen hundred
      ninety-one, state lands subject to taxation in such assessing unit shall
      be valued as if privately owned as of the valuation date  applicable  to
      the revaluation or update and assessed at the same uniform percentage of
      value as other taxable real property in the assessing unit. In each year
      subsequent  to  a revaluation or update, state lands subject to taxation
      in such assessing unit shall be valued as if privately owned and  valued
      as  of  the  valuation  date applicable to the revaluation or update and
      assessed at the same uniform percentage of value as other  taxable  real
      property in the assessing unit.
        2.  In the case of state lands subject to taxation for school purposes
      only, the assessors shall enter the assessments on the  exempt  part  of
      the city or town assessment roll, as the case may be. When preparing the
      appropriate portion of the assessment roll for school district purposes,
      they shall enter such assessments on the taxable part thereof.
        3.  (a)  Not  later than twenty days prior to the date provided by law
      for the completion of the tentative assessment  roll  in  any  assessing
      unit  in  which state lands are subject to taxation, but in no event any
      earlier than the taxable status date for such roll, the  assessor  shall
      notify  the  state  board  of the amount of any assessment of such state
      lands. In the case of a  village  which  has  enacted  a  local  law  as
      provided  in  subdivision  three of section fourteen hundred two of this
      chapter, the town or  county  assessor,  who  prepares  a  copy  of  the
      applicable  part  of  the town or county assessment roll for village tax
      purposes, shall also notify the state board of the amount of such  state
      lands  located  within  the  village. Thereafter and not later than five
      days prior to the last day set by law for the completion  of  the  final
      assessment  roll  each  such  assessment  shall be approved by the state
      board in accordance with subdivision one of this section.
        (b) No such assessment shall be valid  for  any  purpose  without  the
      approval  of  the  state  board,  which approval shall be evidenced by a
      certificate attached to the assessment roll of  the  assessing  unit  or
      copy  of the applicable part thereof used for school district or village
      purposes, when the village is not an assessing unit, or filed  therewith
      in  accordance with section fifteen hundred eighty-four of this chapter.
      Where administrative or judicial proceedings are commenced to review  an
      assessment  approved by the state board, a certificate of approval shall
      not be deemed a waiver of any right to review  of  the  assessment,  nor
      shall such certificate constitute an admission in any such proceeding.
        (c)  Notwithstanding  the  foregoing provisions of this section or any
      general or special law to  the  contrary,  the  total  taxable  assessed
      valuation  of  those  state-owned  wild or forest lands lying within the
      Adirondack park as approved by the state board upon any final assessment
      roll completed, verified and filed in the year nineteen  hundred  sixty,
      shall  not,  upon any assessment roll hereafter completed, or applicable
      part thereof used for village tax purposes where the village is  not  an
      assessing unit, be reduced by the approval of the state board to a total
      amount   less   than  the  total  taxable  assessed  valuation  of  such
      state-owned wild or forest lands within such park  as  approved  by  the
      state  board  upon  the  corresponding  final assessment roll completed,
    
      verified and filed in the year nineteen hundred sixty as adjusted by the
      state board for  any  change  in  the  level  of  assessment  thereafter
      occurring  as  hereinafter  provided,  and  such  total taxable assessed
      valuation  of  all  state-owned wild or forest lands within such park as
      approved by the state board upon any final  assessment  roll  completed,
      verified  and filed in the year nineteen hundred sixty shall be adjusted
      by the state board upon its own motion or upon the  application  of  the
      assessing  unit, or village which is not an assessing unit, to reflect a
      subsequent increase or decrease in  the  level  of  assessment  for  the
      assessing  unit,  or village which is not an assessing unit, as compared
      with the corresponding final assessment  roll  completed,  verified  and
      filed  in nineteen hundred sixty. "Adirondack park" or "park" as used in
      the last preceding sentence means land lying within the  area  described
      in  subdivision  one of section 9-0101 of the environmental conservation
      law including any future amendments thereto.
        4. Notwithstanding the foregoing provisions of  this  section  or  any
      other  law,  an  assessment  of  state  lands  taxable  pursuant  to the
      provisions of this title acquired by the state prior to the lien date of
      taxes thereon may, at any time within two years from the time  made,  be
      approved  by  the  state  board  in  such  an  amount as will place such
      assessment at the same percentage of full  valuation  as  other  taxable
      real property in the assessing unit at the time the assessment was made.
      Upon  approval of such an assessment of state lands, taxes thereon shall
      be legalized, ratified and confirmed in an amount which would have  been
      payable had such assessment been approved by the state board pursuant to
      subdivision  three  of this section. Such taxes may thereupon be audited
      and paid by the comptroller in the same manner that taxes on such  lands
      would ordinarily be audited and paid.