Assembly Bill A2081

2019-2020 Legislative Session

Exempts certain easements from the real estate transfer tax

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A2081 (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Law Section:
Tax Law
Laws Affected:
Amd §1449-ee, Tax L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3967
2011-2012: A1530
2013-2014: A1992
2015-2016: A2287
2017-2018: A740

2019-A2081 (ACTIVE) - Summary

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.

2019-A2081 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2081
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced by M. of A. CROUCH, BLANKENBUSH, MORINELLO -- 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,
   §  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.
                                                            LBD03060-01-9



              

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