Section 550. Definitions  


Latest version.
  • When used in this title:
        1.  "Assessment  roll" means the assessment roll as it exists from the
      time of its tentative completion to the time  of  the  annexation  of  a
      warrant for the collection of taxes.
        2. "Clerical error" means:
        (a)  an incorrect entry of assessed valuation on an assessment roll or
      on a tax roll which, because of a mistake  in  transcription,  does  not
      conform  to  the entry for the same parcel which appears on the property
      record card, field book or other final work product of the assessor,  or
      the final verified statement of the board of assessment review; or
        (b)  an entry which is a mathematical error present in the computation
      of a partial exemption; or
        (c) an incorrect entry of assessed valuation on an assessment roll  or
      on  a  tax  roll for a parcel which, except for a failure on the part of
      the assessor to act on a partial exemption, would be eligible  for  such
      partial exemption; or
        (d)  an entry which is a mathematical error present in the computation
      or extension of the tax; or
        (e) an entry on a tax roll which is incorrect by reason of  a  mistake
      in  the  determination or transcription of a special assessment or other
      charge based on units of service provided by a special district; or
        (f) a duplicate entry on an assessment roll or on a tax  roll  of  the
      description  or assessed valuation, or both, of an entire single parcel;
      or
        (g) an entry on an assessment or tax roll which is incorrect by reason
      of an arithmetical mistake by the assessor  appearing  on  the  property
      record card, field book or other final work product of the assessor; or
        (h)  an  incorrect  entry  on  a  tax roll of a relevied school tax or
      relevied village tax which has been previously paid; or
        (i) an entry on a tax roll which is incorrect by reason of  a  mistake
      in the transcription of a relevied school tax or relevied village tax.
        3. "Error in essential fact" means:
        (a)  an incorrect entry on the taxable portion of the assessment roll,
      or the tax roll, or both, of the assessed valuation of an improvement to
      real property which was destroyed or removed  prior  to  taxable  status
      date for such assessment roll; or
        (b)  an incorrect entry on the taxable portion of the assessment roll,
      or the tax roll, or both, of the assessed valuation of an improvement to
      real property which was not in existence  or  which  was  present  on  a
      different parcel; or
        (c)  an  incorrect  entry  of  acreage  on  the taxable portion of the
      assessment roll, or the tax roll, or both, which acreage was  considered
      by  the assessor in the valuation of the parcel and which resulted in an
      incorrect  assessed  valuation,  where  such  acreage  is  shown  to  be
      incorrect on a survey submitted by the applicant; or
        (d)  the  omission  of  the  value  of  an improvement present on real
      property prior to taxable status date; or
        (e) an incorrect entry of a partial exemption on  an  assessment  roll
      for a parcel which is not eligible for such partial exemption; or
        (f)  an  entry  pursuant  to  article  nineteen  of this chapter on an
      assessment  or  tax  roll  which   is   incorrect   by   reason   of   a
      misclassification  of  property  which  is  exclusively  used for either
      residential or non-residential purposes.
        4. "Improvement" means real property as defined in  paragraph  (b)  of
      subdivision twelve of section one hundred two of this chapter, and which
      has  been  separately  described and valued on the property record card,
      field book or other final work product of the assessor.
    
        4-a. "Omission" or "omitted  real  property"  means  a  parcel  wholly
      omitted  from  the  assessment  roll  or tax roll, taxable real property
      entered on the roll as wholly exempt  real  property,  or  an  error  in
      essential  fact as defined in paragraph (d) of subdivision three of this
      section.  An omission shall also include taxable real property for which
      no school district or special district  tax  was  levied  because  of  a
      failure  to include the property within the appropriate taxing district.
      An "omission" or "omitted real property" shall not include real property
      assessed pursuant to subdivisions  two  through  five  of  section  five
      hundred of this article.
        5.  "Tax  levying  body"  means  the  governing  board  of a municipal
      corporation which annexes a warrant for the collection  of  taxes  to  a
      final assessment roll.
        6. "Tax roll" means a final assessment roll upon which taxes have been
      extended and to which a warrant has been annexed.
        7. "Unlawful entry" means:
        (a)  an entry on the taxable portion of the assessment roll or the tax
      roll, or both, of the assessed valuation of real property which,  except
      for  the  provisions  of section four hundred ninety of this chapter, is
      wholly exempt from taxation; or
        (b) an entry on an assessment roll or a tax  roll,  or  both,  of  the
      assessed  valuation  of  real  property  which  is  entirely outside the
      boundaries of the assessing unit, the school  district  or  the  special
      district  in which the real property is designated as being located, but
      not an entry on an assessment roll or  a  tax  roll,  or  both,  of  the
      assessed  valuation  of  real property assessed pursuant to subdivisions
      two through five of section five hundred of this article; or
        (c) an entry of assessed valuation on an assessment roll or on  a  tax
      roll,  or  both,  which  has  been  made by a person or body without the
      authority to make such entry; or
        (d) an entry of assessed valuation of state land subject  to  taxation
      on  an  assessment  roll  or  on  a tax roll, or both, which exceeds the
      assessment of such land approved by the state board; or
        (e) an entry of assessed  valuation  of  a  special  franchise  on  an
      assessment  roll  or  on  a  tax  roll, or both, which exceeds the final
      assessment  thereof  as  determined  by  the  state  board  pursuant  to
      subdivision  one of section six hundred six of this chapter, or the full
      value of that  special  franchise  as  determined  by  the  state  board
      pursuant  to  subdivision two of section six hundred six of this chapter
      adjusted by the final state equalization rate established by  the  state
      board for the assessment roll upon which that value appears.