Section 250. Definitions  


Latest version.
  • 1.  The  term  "real  property" as used in this
      article includes the land itself above and under  water,  all  buildings
      and  other  articles  and structures, substructures and superstructures,
      erected upon, under or above, or affixed to the same;  all  wharves  and
      piers,  including the value of the right to collect wharfage, cranage or
      dockage thereon; all bridges, all  telegraph  lines,  wires,  poles  and
      appurtenances; all supports and inclosures for electrical conductors and
      other   appurtenances   upon,   above   and  underground;  all  surface,
      underground  or  elevated  railroads,  including  the   value   of   all
      franchises,  rights  or permission to construct, maintain or operate the
      same in, under, above, on  or  through,  streets,  highways,  or  public
      places;  all  railroad  structures,  substructures  and superstructures,
      tracks and the iron  thereon;  branches,  switches  and  other  fixtures
      permitted  or  authorized  to be made, laid or placed in, upon, above or
      under any public or private road, street or ground; all mains, pipes and
      tanks laid or placed in, upon, above or  under  any  public  or  private
      street  or  place for conducting steam, heat, water, oil, electricity or
      any  property,  substance  or  product  capable  of  transportation   or
      conveyance  therein or that is protected thereby, including the value of
      all franchises, rights, authority or permission to  construct,  maintain
      or operate, in, under, above, upon, or through, any streets, highways or
      public  places,  any  mains, pipes, tanks, conduits or wires, with their
      appurtenances, for conducting water, steam, heat, light, power, gas, oil
      or other substance, or electricity or telegraphic, telephonic  or  other
      purposes;  all  trees  and  underwood  growing upon land, and all mines,
      minerals, quarries and fossils in  and  under  the  same,  except  mines
      belonging to the state; and all the forms of housing which are adaptable
      to  motivation by a power connected thereto or which may be propelled by
      a power within themselves and which are or can be used  as  a  house  or
      living  abode  or  habitation  of  one or more persons, or for business,
      commercial or office purposes, either temporarily  or  permanently,  and
      commonly  called  and  hereafter  referred  to as "trailers"; except (1)
      transient trailers which have been located within the  boundaries  of  a
      city,  town  or  village for less than sixty days and (2) trailers which
      are for sale and which are not occupied. Said terms  shall  not  include
      bulk milk tanks or coolers installed upon the farm to hold milk awaiting
      shipment   to   market.  "Real  property"  also  includes  everything  a
      conveyance or mortgage of which can  be  recorded  as  a  conveyance  or
      mortgage of real property under the laws of the state.
        2.  (a)  The  term  "mortgage"  as used in this article includes every
      mortgage or deed of trust which imposes a lien on or affects  the  title
      to  real property, notwithstanding that such property may form a part of
      the security for the debt or debts secured  thereby.  An  assignment  of
      rents  to  accrue  from  tenancies, subtenancies, leases or subleases of
      real property, within any city in the state having a population  of  one
      million  or more, given as security for an indebtedness, shall be deemed
      a mortgage of real property for  purposes  of  this  article.  Executory
      contracts for the sale of real property under which the vendee has or is
      entitled  to possession shall be deemed to be mortgages for the purposes
      of this article and shall be  taxable  at  the  amount  unpaid  on  such
      contracts.  A contract or agreement by which the indebtedness secured by
      any mortgage is increased or added to, shall be  deemed  a  mortgage  of
      real  property  for the purpose of this article, and shall be taxable as
      such upon the amount  of  such  increase  or  addition.  Notwithstanding
      anything  in  this  section  or  section  two hundred fifty-five of this
      article to the contrary, a contract or agreement whereby the proceeds of
      any indebtedness secured by a mortgage of real property in any  city  in
      the  state having a population of one million or more are used to reduce
    
      all or any part of a mortgagee's equity  interest  in  a  wraparound  or
      similar  mortgage  of  such  real property shall be deemed a mortgage of
      real property for the purposes of this article and shall be  taxable  as
      such  to  the  extent  of  the  amount of such proceeds so used, without
      regard to whether  the  aggregate  amount  of  indebtedness  secured  by
      mortgages of such real property is increased or added to.
        (b)  Where  all  or  part of the indebtedness secured by a mortgage of
      real property within any city in the state having a  population  of  one
      million  or more has been paid and new funds are advanced or re-advanced
      which are to be secured by such mortgage, the contract or  agreement  by
      which  such funds are advanced or re-advanced shall be deemed a mortgage
      of real property for purposes of this article, and shall be  taxable  as
      such  upon the amount of such new funds, except as otherwise provided in
      section two hundred fifty-three-b of this article.
        3. The term "tax district" as used in this article  means  a  city  or
      town.