N.Y. Environmental Conservation Law § 15-1919: Drainage enhancements

§ 15-1919. Drainage enhancements.

1. For the purpose of making apportionments of the cost of future

drainage construction, allowing credits for such construction already

completed, determining the economic feasibility of a contemplated

construction project and for other purposes, there shall be determined

for each parcel of land in a district what is called the drainage

enhancement for such parcel.

2. Drainage enhancement is a special form of assessed valuation made

for the purposes of title 19 of this article and used only as such.

Such enhancement is determined solely on the basis of estimated land

value without consideration of certain specified conditions and is not

dependent on or made in connection with any specific drainage

construction project, completed or proposed. The drainage enhancement of

any parcel of land is the increase in the value of such parcel which, on

the basis of prices of land locally current at the time the

determination is made, will occur as the result of improving that parcel

by drainage works from its original undrained condition to the maximum

condition of drainage which is practical. It is the maximum benefit

which can inure to an undrained parcel by drainage to the practical

limit, is the measure for the apportionment of the cost of such complete

drainage construction and, as among other parcels, is the relative

measure of benefits resulting from the construction of works giving a

less complete drainage. Such enhancement, once determined, will remain

fixed until such time as a general change in local land values is

experienced.

3. The value of each parcel shall be determined (a) on the assumption

that no drainage work has ever been done in the district and (b) on the

assumption that the land is drained to the maximum practical extent.

The difference is the drainage enhancement. In making these

determinations it shall be assumed in both instances that the land is

devoted to the highest use for which it will be fitted by drainage

regardless of the fact that it may have to be cleared or otherwise

prepared for such use, unless it can be shown that drainage will affect

the cost of such clearing and preparation in which case due allowance

shall be made therefor. If a parcel contains lands of different values

it may be subdivided and the enhancement determined for each

subdivision.

4. The department may appoint persons as assessors to assist in the

determination of such drainage enhancements.

5. These "drainage enhancements" are the same as the "benefits due to

drainage" specified in earlier forms of article VIII of the Conservation

Law, and "drainage enhancements" specified in article V of the

Conservation Law as it read on the date of the enactment of the present

chapter, and any such "benefits" heretofore determined shall remain

unchanged by this amendment, but shall, after this article takes effect,

be known and used as "enhancements."