Legislation
SECTION 489-LL
Final determination of railroad ceiling; certificate
Real Property Tax (RPT) CHAPTER 50-A, ARTICLE 4, TITLE 2-B
§ 489-ll. Final determination of railroad ceiling; certificate. 1.
After the hearing provided for in section four hundred eighty-nine-kk of
this title, the state board of real property tax services shall finally
determine the railroad ceiling for the railroad real property of each
railroad company situated in each assessing unit. Whenever upon
complaint the state board shall revise the local reproduction cost of a
railroad company in an assessing unit, it shall revise the appropriate
railroad ceiling to reflect such revision, but it shall not, on account
of such revision, modify any other determination with respect to the
railroad ceilings for such railroad company for such year.
Notwithstanding the fact that no complaint shall have been filed with
respect to a tentative determination of a railroad ceiling, the state
board shall give effect to any special equalization rate established
pursuant to subdivision two of section four hundred eighty-nine-jj of
this title prior to the final determination of the railroad ceiling.
2. Not later than ten days before the last date prescribed by law for
the levy of taxes, the state board shall file a certificate setting
forth each railroad ceiling as finally determined with the assessor of
the appropriate assessing unit or the town or county assessor who
prepares a copy of the applicable part of the town or county assessment
roll for village tax purposes as provided in subdivision three of
section fourteen hundred two of this chapter, and at the same time shall
transmit to each railroad company for which such ceiling has been
determined a duplicate copy of such certificate.
3. Any final determination of a railroad ceiling by the state board
pursuant to subdivision one of this section shall be subject to judicial
review in a proceeding under article seventy-eight of the civil practice
law and rules.
After the hearing provided for in section four hundred eighty-nine-kk of
this title, the state board of real property tax services shall finally
determine the railroad ceiling for the railroad real property of each
railroad company situated in each assessing unit. Whenever upon
complaint the state board shall revise the local reproduction cost of a
railroad company in an assessing unit, it shall revise the appropriate
railroad ceiling to reflect such revision, but it shall not, on account
of such revision, modify any other determination with respect to the
railroad ceilings for such railroad company for such year.
Notwithstanding the fact that no complaint shall have been filed with
respect to a tentative determination of a railroad ceiling, the state
board shall give effect to any special equalization rate established
pursuant to subdivision two of section four hundred eighty-nine-jj of
this title prior to the final determination of the railroad ceiling.
2. Not later than ten days before the last date prescribed by law for
the levy of taxes, the state board shall file a certificate setting
forth each railroad ceiling as finally determined with the assessor of
the appropriate assessing unit or the town or county assessor who
prepares a copy of the applicable part of the town or county assessment
roll for village tax purposes as provided in subdivision three of
section fourteen hundred two of this chapter, and at the same time shall
transmit to each railroad company for which such ceiling has been
determined a duplicate copy of such certificate.
3. Any final determination of a railroad ceiling by the state board
pursuant to subdivision one of this section shall be subject to judicial
review in a proceeding under article seventy-eight of the civil practice
law and rules.