N.Y. Real Property Tax Law § 542: Assessment of state lands; approval thereof

§ 542. Assessment of state lands; approval thereof. 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 commissioner 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 commissioner 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

commissioner in accordance with subdivision one of this section.

(b) No such assessment shall be valid for any purpose without the

approval of the commissioner, 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 commissioner, 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 commissioner 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

commissioner 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 commissioner upon the corresponding final assessment

roll completed, verified and filed in the year nineteen hundred sixty as

adjusted by the commissioner 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 commissioner upon any final assessment roll

completed, verified and filed in the year nineteen hundred sixty shall

be adjusted by the commissioner 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 commissioner 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 commissioner 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.