N.Y. Real Property Tax Law § 545: State aid; state-owned lands

§ 545. State aid; state-owned lands. 1. Whenever the state or an

agency of the state acquires real property which becomes exempt as a

result of such acquisition and which constitutes two per cent or more of

the total taxable assessed valuation of the latest preceding assessment

roll or there is a reduction in assessments on taxable state lands, the

commissioner shall establish a "transition assessment" which will in

effect prevent any loss of taxable assessed valuation on the assessment

roll for the first year affected by such occurrence or occurrences. For

each succeeding year, the commissioner shall establish a transition

assessment which will in effect limit to two per cent of the total

taxable assessed valuation on the latest preceding assessment roll the

loss in taxable assessed valuation on such roll as a result of such

occurrence or occurrences, and (i) further acquisitions by the state or

an agency of the state, or (ii) further reductions in assessments on

taxable state lands, or (iii) both (i) and (ii).

2. In the first year of such occurrence or occurrences, the

commissioner shall establish a transition assessment.

3. In establishing transition assessments pursuant to this section,

the commissioner shall: a. In determining whether real property acquired

by the state or an agency of the state constitutes two per cent or more

of the total taxable assessed valuation of the latest preceding

assessment roll, the assessed valuation of the property acquired shall

be determined from the second assessment roll preceding the first

assessment roll affected by the acquisition;

b. In making computations and determinations pursuant to this section,

take into account increases or decreases in level of assessment on the

assessment rolls involved;

c. In establishing a transition assessment for a town assessment roll,

indicate the amount of the transition assessment which is applicable to

that portion of the town located outside of any village and also the

amount of the transition assessment upon which state aid shall be paid

for county purposes;

d. Round all transition assessments to the nearest ten dollars.

4. The transition assessments as established and certified by the

commissioner shall be entered by the assessor or other appropriate local

official on the assessment roll and shall be, and shall be treated for

all purposes as, taxable assessed valuation on such roll.

5. The commissioner shall certify to the state comptroller all

transition assessments which it establishes and the state comptroller

shall pay as state aid the amounts, equivalent to the taxes, levied on

such assessments, in the manner prescribed by section five hundred

forty-four of this chapter out of moneys appropriated by the legislature

for the payment of taxes on state-owned lands.

6. In making transition assessments pursuant to this section:

(a) for property acquired by a state public authority or by the state

for the purposes of a state public authority, such transition

assessments shall be reduced to take into account any payments in lieu

of taxes made pursuant to law by such state public authority to the tax

district, so that the total of state aid paid on each transition

assessment and the payment in lieu of taxes received by the tax district

would be in effect equal to the state aid payable on such transition

assessment computed without regard to this subdivision; and

(b) for state lands in which interests have been granted by the state

to others which interests and improvements made to lands in which those

interests have been granted are taxable pursuant to subdivision two of

section five hundred sixty-four of this article, such transition

assessments shall be reduced by the taxable assessed value of those

interests and improvements.

(c) The assessor in each assessing unit for which transition

assessments are made pursuant to this section shall annually report to

the commissioner the total taxable assessed value of interests and

improvements subject to taxation pursuant to subdivision two of section

five hundred sixty-four of this article. This report shall be filed not

later than ten days after the completion and filing of the final

assessment roll each year.

7. Definitions. As used in this section: a. "Agency of the state", in

the case of public authorities, includes state public authorities but

excludes all other public authorities.

b. "Assessment roll", in the case of a city or town, means the entire

city or town assessment roll; in the case of a village, means the entire

village assessment roll, except 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, may also mean that part of the assessment

roll of the town or county upon which village taxes were or are to be

levied; in the case of a county, means the entire city or town

assessment roll affected by the occurrence or occurrences described in

subdivision one of this section; in the case of a school district or

special district, means that portion of the city or town assessment roll

used for the levy of school or special district taxes which is affected

by the occurrence.

c. "First year" means a year following a year for which no transition

assessment was established.

d. "Lands" or "state lands" as used in this section, shall include

lands acquired by the state or an agency of the state for highway or

parkway purposes.

e. "Latest preceding assessment roll" means the last preceding

assessment roll finally completed, verified and filed prior to the final

completion of the assessment roll for which the transition assessment is

being established, but shall not mean or include a supplemental

assessment roll completed, verified and filed as provided in section

thirteen hundred thirty-five of this chapter.

f. "Reduction in assessments on state lands" means a loss in taxable

assessed valuation on an assessment roll as a result of the approval by

the commissioner of assessed valuations on state lands which in total

amount to less than the total taxable assessed valuations on such lands

in the preceding year, whether or not such lands were owned by the state

in the preceding year.

g. "State public authority" means a public benefit corporation as

defined in section sixty-six of the general construction law whose

membership is required by law to consist entirely of members who are

appointed by the governor or other state officer or who serve as members

as ex officio state officers.

h. "Tax district" means a county, city, town, village, school district

or special district.