Tax Assessment & Condemnation Report

Tax Assessment & Condemnation Report

Monthly Archives: January 2013

Recent Court Decision Tackles Valuation of Land Containing Mineral Resources

Posted in Condemnation/Eminent Domain
The Fifth Amendment provides that private property may not be taken for public use without the payment of just compensation. The payment of “just compensation” must reflect the fair market value of the property acquired in its highest and best use on the date of the taking. How is “fair market value” determined when the property taken is… Continue Reading

Onondaga County Eliminates Ability to Search Property Tax Database by Property Owner Name

Posted in Assessments, Uncategorized
For many years, county websites across New York State have maintained real property tax information databases that are easily searchable by property owner name, address or tax map parcel number. Searching one of these databases by name would quickly call up a list of all properties owned by that person within the entire county. Recently,… Continue Reading

Fiber Optic Cables Are Not Taxable Real Property

Posted in Assessments, Utilities, Valuation
As discussed in our prior post, cows might be considered assessable or taxable real property under Section 102(12) of the Real Property Tax Law. See RCN v. Frankel, (1st Dept. 2012). However, fiber optic cables are not assessable real property under the same statute. At least that is what the First Department concluded in RCN NY Communications, LLC v. Tax… Continue Reading

The Legal Definiton of Real Property – Is The Law Evolving At The Same Rate As Technology?

Posted in Assessments, Utilities, Valuation
Are cows assessable real property under RPTL 102(12)(f)? Sounds ridiculous, but a recent ruling by the First Department could result in the answer to this question being “yes.” In November, the First Department analyzed  the scope of “power generating apparatus” under RPTL 102(12)(f) in RCN Telecom Services of New York, LP v. Frankel (2012 NY Slip Op 07890, 1st Dept. November… Continue Reading