N.Y. Real Property Tax Law § 600: Assessment of special franchises by commissioner

§ 600. Assessment of special franchises by commissioner. 1. The

commissioner shall annually determine the assessment of each special

franchise subject to assessment in each assessing unit in accordance

with the provisions of subdivision four of section three hundred two of

this chapter. In making such determination the commissioner may take

testimony and hear proof under oath or otherwise, avail itself of all

information on the subject appearing in its office or acquired in the

discharge of its duties and may employ experts, agents or other persons

to procure any information required for such purpose.

2. Notwithstanding any other provision of this chapter, the assessor

in each city, town and village and in each county having a county

department of assessment shall annually assess all real property of

railroads situated in such city, town, village or county, as the case

may be, including the tangible property of a railroad situated in, upon,

under or above any street, highway, public place or public waters.

3. Each special franchise owner shall pay an annual charge to the

state office. All costs and expenses of the state office, direct and

indirect, incurred in the assessment of special franchise property shall

be paid from the collection of an annual charge upon special franchise

owners. The commissioner shall provide by rule for computation of this

charge through the apportionment of these costs and expenses to special

franchise owners in relation to the total full value of such special

franchise property. Charges shall be subject to the approval of the

director of the budget. Any unpaid fee shall be a lien upon the assets

of the special franchise owner and may be enforced by appropriate

administrative or judicial proceedings commenced by counsel to the state

office.