Section 586. Assessment of watershed conservation easements and watershed agricultural easements  


Latest version.
  • 1. Upon acquisition of a watershed  conservation
      easement or a watershed agricultural easement, there shall be determined
      an allocation factor applicable to each parcel subject to such easement.
      The  allocation  factor shall be the portion of the value of each parcel
      which  the  easement  represents,  expressed  as  a  percentage.    This
      percentage  shall  be  a  fraction,  the  numerator of which is the fair
      market value of  the  easement  as  finally  determined  by  the  city's
      independent  appraisal  and  the denominator of which is the fair market
      value of the land subject to the easement, exclusive of improvements and
      unencumbered by the  easement,  as  finally  determined  in  the  city's
      independent  appraisal.  The  city  shall  forthwith  certify  each such
      allocation factor to the appropriate assessing unit and to the owner  of
      the land subject to the easement. The city shall supply to the assessing
      unit  and  the state board the following information used in conjunction
      with the acquisition of the easement:
        (a) the fair market value of the easement as finally determined in the
      city's independent appraisal;
        (b) the fair  market  value  of  the  land  subject  to  the  easement
      exclusive  of  improvements  and unencumbered by the easement as finally
      determined in the city's independent appraisal;
        (c) the fair market value of each improvement, on the land subject  to
      the easement, as finally determined by the city's independent appraisal;
        (d) the name and address of the owner;
        (e)   the  location  of  the  parcel  including  the  tax  map  parcel
      designation;
        (f) the date the easement was acquired; and
        (g) such other information as the assessor  may  subsequently  require
      for assessment purposes.
        2.  The  assessment  of a watershed conservation easement or watershed
      agricultural easement shall be determined by multiplying the  allocation
      factor  for that easement as computed in subdivision one of this section
      by the assessment determined by the assessor for  the  land  subject  to
      such  easement  exclusive of the improvements thereon. After subtracting
      the assessment for each watershed  conservation  easement  or  watershed
      agricultural  easement from the parcel's total assessment, the remaining
      assessment shall be entered on the assessment roll  as  taxable  to  the
      owner of the property. Each watershed conservation easement or watershed
      agricultural  easement  shall  be  entered  as  a separate parcel on the
      taxable portion of the assessment roll and shall be assessed in the name
      of the city of New York.
        3. 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   watershed   conservation  easements  or  watershed  agricultural
      easements are subject to taxation, but in no event any earlier than  the
      taxable status date for such roll, the assessor shall notify the city of
      the  amount  of  the assessments of such easements and the amount of the
      assessments of the lands subject to such easements. 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  prepared  a  copy  of the applicable part of the town or
      county assessment roll for village tax purposes, shall also  notify  the
      city  of  the amount of the assessments of such easements and the amount
      of the assessments of the lands subject to such easements located within
      the village.
        4. The city and the owner of the  burdened  parcel  shall  each  be  a
      person  aggrieved by the assessment of the parcel or parcels burdened by
      watershed conservation easements or watershed agricultural easements for
    
      the purpose of seeking administrative and/or  judicial  review  of  such
      assessments. Whenever the city or property owner seeks administrative or
      judicial  review of the assessment of the land subject to such easement,
      the  party  seeking  review  shall  provide  a  copy of the complaint or
      petition to the other party with an interest in the  parcel  subject  to
      the  easement  within  twenty  days  of the filing of a complaint or the
      service of a petition.  The noncomplaining party (owner or  city)  shall
      be  deemed a party to the proceeding with full rights to participate and
      bound by the determination of such proceeding.
        5.  (a)  Where  a  watershed  conservation  easement  or  agricultural
      conservation easement is acquired:
        (i)  On  a  parcel  of  property  which is otherwise fully exempt from
      taxation, the assessor shall determine the  taxable  assessment  of  the
      easement  by  multiplying  the  allocation  factor by the total assessed
      value of the land; or
        (ii) On a parcel of property which is partially exempt from  taxation,
      the  assessor  shall determine the taxable assessment of the easement by
      multiplying the allocation factor by the total  assessed  value  of  the
      land; or
        (iii) On a parcel of property which is partially exempt from taxation,
      the taxable assessed value of the burdened parcel shall be calculated by
      pro-rating   the  partial  exemption  in  the  same  proportion  as  the
      allocation factor. The owner of the burdened parcel shall be entitled to
      the pro-rated portion of the exemption.
        (b) The provisions of this subdivision  shall  not  apply  to  parcels
      receiving  an agricultural assessment pursuant to article twenty-five-AA
      of the agriculture and markets law.
        6.  Whenever  a   watershed   conservation   easement   or   watershed
      agricultural easement encumbers only a portion of a parcel, the assessor
      shall  henceforth  enter  that  portion of the parcel encumbered by such
      easement as a separate parcel on all subsequent assessment rolls.
        7.  Whenever  a   watershed   conservation   easement   or   watershed
      agricultural  easement encumbers a parcel containing improvements, those
      improvements shall be separately assessed  in  the  name  of  the  owner
      thereof.