Legislation
SECTION 3
Refund of taxes; town assessment roll
Suffolk County Tax Act (SCT) CHAPTER ROOT, ARTICLE 1
§ 3. Refund of taxes; town assessment roll. The assessment roll
prepared by the assessors of each town shall be the official assessment
roll for the town and for every school district and other tax district
lying within the town for which said assessment roll was prepared so far
as it concerns property lying within such school or other tax district.
If in a final order in any proceeding under article 7 of the real
property tax law it is determined that the assessment reviewed was
excessive, unequal or unlawful, or that real property was misclassified,
and it is ordered or directed that the same be corrected or stricken
from the roll, and such order is not made in time to enable the assessor
or other appropriate officer, board or body to make a new or corrected
assessment or to strike such assessment from the roll prior to the
imposing of any tax or special ad valorem levy upon the real property
the assessment of which has been determined to be excessive, unequal or
unlawful, or which has been determined to be misclassified, then any
amount at any time collected upon such excessive, unequal or unlawful
assessment, or as a result of such misclassification, as determined in
such order shall, in the same manner as other county charges, and as
otherwise provided in the real property tax law, be audited and paid by
the county to the petitioner or other person paying such tax or other
levy, including interest thereon as provided in article 7 of the real
property tax law. So much of any tax or other levy, including interest
thereon, as shall be refunded which was imposed for town, county special
district or school district, as hereinafter provided in the following
paragraph, purposes shall be charged by the county to such town or
special district and charged by the town to such school district as
hereinafter provided. Notwithstanding anything to the contrary herein,
if the assessment is reduced by such order by an amount not in excess of
ten thousand dollars, the entirety of the amount refunded shall be
charged by the county to the town in which the real property is
situated. The county may, with the consent and agreement of such town,
special district or school district, finance, pursuant to the local
finance law, for such period, or any lesser portion thereof, as shall be
authorized by the local finance law, in whole or in part, the amount
authorized hereunder to be charged by the county to such town or special
district or by the town to such school district and provide, in such
consent and agreement, for the annual repayment of a sum equal to the
principal of, interest on and redemption premium, if any, together with
a sum to be agreed upon as the share of the county's costs and expenses
incidental to the issuance of obligations to finance the aforedescribed
amount, to be paid by the county in the next fiscal year with respect to
the amortization and payment of such financed amount or which has been
paid by the county in that fiscal year and which has not previously been
so charged with respect to the amortization and payment of, and costs
and expenses incidental to, such financed amount.
Any final order in a proceeding under article 7 of the real property
tax law which orders or directs the correction or striking of an
assessment appearing on that portion of a town assessment roll
applicable to a school district, shall be binding on such town. Any
amount of taxes of such school district at any time collected upon such
assessment in excess of the amount which would have been paid had such
assessment been made as determined by such order, shall be refunded by
the county and shall be charged by the county to such town. Such refund
shall not be charged by the town to such school district, except where
the assessment subject to such proceeding is applicable to property
improved by a nuclear powered electrical generating facility. In such
case, the town shall charge such school district any amount of taxes
collected by such school district upon such assessment in excess of the
amount which would have been paid had such assessment been made as
determined by such order.
The assessors of any town may make copies of any assessment roll or of
a portion thereof, or tax roll, which copy when certified by them as
correct may be used in all respects as and for an original roll or
portion thereof.
prepared by the assessors of each town shall be the official assessment
roll for the town and for every school district and other tax district
lying within the town for which said assessment roll was prepared so far
as it concerns property lying within such school or other tax district.
If in a final order in any proceeding under article 7 of the real
property tax law it is determined that the assessment reviewed was
excessive, unequal or unlawful, or that real property was misclassified,
and it is ordered or directed that the same be corrected or stricken
from the roll, and such order is not made in time to enable the assessor
or other appropriate officer, board or body to make a new or corrected
assessment or to strike such assessment from the roll prior to the
imposing of any tax or special ad valorem levy upon the real property
the assessment of which has been determined to be excessive, unequal or
unlawful, or which has been determined to be misclassified, then any
amount at any time collected upon such excessive, unequal or unlawful
assessment, or as a result of such misclassification, as determined in
such order shall, in the same manner as other county charges, and as
otherwise provided in the real property tax law, be audited and paid by
the county to the petitioner or other person paying such tax or other
levy, including interest thereon as provided in article 7 of the real
property tax law. So much of any tax or other levy, including interest
thereon, as shall be refunded which was imposed for town, county special
district or school district, as hereinafter provided in the following
paragraph, purposes shall be charged by the county to such town or
special district and charged by the town to such school district as
hereinafter provided. Notwithstanding anything to the contrary herein,
if the assessment is reduced by such order by an amount not in excess of
ten thousand dollars, the entirety of the amount refunded shall be
charged by the county to the town in which the real property is
situated. The county may, with the consent and agreement of such town,
special district or school district, finance, pursuant to the local
finance law, for such period, or any lesser portion thereof, as shall be
authorized by the local finance law, in whole or in part, the amount
authorized hereunder to be charged by the county to such town or special
district or by the town to such school district and provide, in such
consent and agreement, for the annual repayment of a sum equal to the
principal of, interest on and redemption premium, if any, together with
a sum to be agreed upon as the share of the county's costs and expenses
incidental to the issuance of obligations to finance the aforedescribed
amount, to be paid by the county in the next fiscal year with respect to
the amortization and payment of such financed amount or which has been
paid by the county in that fiscal year and which has not previously been
so charged with respect to the amortization and payment of, and costs
and expenses incidental to, such financed amount.
Any final order in a proceeding under article 7 of the real property
tax law which orders or directs the correction or striking of an
assessment appearing on that portion of a town assessment roll
applicable to a school district, shall be binding on such town. Any
amount of taxes of such school district at any time collected upon such
assessment in excess of the amount which would have been paid had such
assessment been made as determined by such order, shall be refunded by
the county and shall be charged by the county to such town. Such refund
shall not be charged by the town to such school district, except where
the assessment subject to such proceeding is applicable to property
improved by a nuclear powered electrical generating facility. In such
case, the town shall charge such school district any amount of taxes
collected by such school district upon such assessment in excess of the
amount which would have been paid had such assessment been made as
determined by such order.
The assessors of any town may make copies of any assessment roll or of
a portion thereof, or tax roll, which copy when certified by them as
correct may be used in all respects as and for an original roll or
portion thereof.