Relates to excluding the value of trees on privately owned forest land for the purposes of real property tax assessments.

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S788-2011 Actions

• Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
• Jan 5, 2011: REFERRED TO LOCAL GOVERNMENT

S788-2011 Memo

BILL NUMBER:S788

TITLE OF BILL:

An act
to amend the real property tax law, in relation to excluding the value of
trees for the purposes of assessment

PURPOSE:

The purpose of this legislation is to exclude standing timber on
privately owned forestland from the definition of real property for
purposes of real property tax assessment.

SUMMARY OF PROVISIONS:

Section 305 of the real property tax law is amended by adding a new
subdivision 4 which removes standing timber on privately owned
forestland from the definition of real property for purposes of
real property tax assessment.

JUSTIFICATION:

This legislation would exclude standing timber on privately owned
forestland from the definition of real property for purposes of real
property tax assessment.
The escalating costs of municipal services have placed tremendous
pressure on the real property tax system. Local governments have
improved their information management systems and looked for ways to
increase their tax base. As assessors look harder at ways to increase
value, some are beginning to change their assessment on forestlands.
Those applying this change note that the current definition of real
property includes the value of standing timber in the assessment of
forestlands.
New assessments that attempt to reflect current timber values can
produce a steep tax increase on these properties. The practical
results are likely to be over harvesting, liquidation cuttings or
conversion to development. At the very least, this policy is an
incentive for landowners to practice poor forest management.
Changing the definition of real property to exclude standing timber on
private forestland will simplify the assessment process, reduce
inequities and encourage landowners to manage their forest resources
in a more sustainable manner.

LEGISLATIVE HISTORY:

2009-2010: S.2432  Referred to Local Government
2007-2008: Referred to Local Government
2006:      Referred to Local Government

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:


Effective immediately.

S788-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     788

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 5, 2011
                                 ___________

  Introduced by Sens. YOUNG, SEWARD -- read twice and ordered printed, and
    when printed to be committed to the Committee on Local Government

  AN  ACT to amend the real property tax law, in relation to excluding the
    value of trees for the purposes of assessment

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Section  305  of  the real property tax law is amended by
  adding a new subdivision 4 to read as follows:

    4. FOR PURPOSES OF REAL PROPERTY TAX ASSESSMENT, THE  VALUE  OF  TREES
  SHALL BE EXCLUDED FOR THE PURPOSES OF ASSESSMENT.
    S 2. This act shall take effect immediately.







   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03429-01-1