Bill S788-2011

Relates to excluding the value of trees for the purposes of real property tax assessments

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

Details

Actions

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 788 2011-2012 Regular Sessions IN 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.

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