Exempts public use easements from the real estate transfer tax and provides that the grantor of such easement shall be immune from civil liability and action with respect to any act or omission relating to such easement; defines "public use" for the purposes of this subparagraph.
Sponsor: Crouch (MS) / Multi-sponsor(s): Finch
Law Section: Tax Law / Law: Amd S1449-ee, Tax L
Sponsor: Crouch (MS) / Multi-sponsor(s): Finch
Law Section: Tax Law / Law: Amd S1449-ee, Tax L
A1530-2011 Actions
- Jun 19, 2012: held for consideration in ways and means
- Jan 4, 2012: referred to ways and means
- Jan 10, 2011: referred to ways and means
A1530-2011 Text
S T A T E O F N E W Y O R K
1530 2011-2012 Regular Sessions I N ASSEMBLY January 10, 2011
Introduced by M. of A. CROUCH -- Multi-Sponsored by -- M. of A. FINCH - read once and referred to the Committee on Ways and Means AN ACT to amend the tax law, in relation to exempting certain easements from the real estate transfer tax THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph 1 of paragraph (j) of subdivision 2 of section 1449-ee of the tax law, as added by chapter 114 of the laws of 1998, is amended to read as follows:
(1) agricultural, conservation, scenic, PUBLIC USE or an open space easement; FOR THE PURPOSES OF THIS SUBPARAGRAPH "PUBLIC USE" SHALL INCLUDE, BUT NOT BE LIMITED TO, TRAILWAYS AND BICYCLE PATHS AND THE GRANTOR OF SUCH PUBLIC USE EASEMENT SHALL, NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, BE IMMUNE FROM CIVIL LIABILITY AND ACTION WITH RESPECT TO ANY ACT OR OMISSION RELATING TO SUCH EASEMENT,
S 2. This act shall take effect immediately and shall apply to all conveyances of real property subject to a public use easement occurring on and after such date; provided, however, that the amendments to subparagraph 1 of paragraph (j) of subdivision 2 of section 1449-ee of the tax law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04564-01-1
*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.
Discuss!
blog comments powered by Disqus