Tax Assessment & Condemnation Report

Tax Assessment & Condemnation Report

Category Archives: Utilities

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Locating Utilities – When Municipal Consent is Not Enough

Posted in Condemnation/Eminent Domain, Settlement, Utilities
Over the last decade, there have been numerous class actions regarding telecommunication companies’ use of railroad easements. In many of those cases, the telecommunication companies obtained permission from the railroad companies to locate their facilities, but failed to seek permission from the owners of the land upon which the railroad easements ran. These lawsuits have often been decided in… Continue Reading

Q: What’s An Appraisal Without Facts, Figures, Calculations? A: Not Admissible

Posted in Condemnation/Eminent Domain, Utilities, Valuation
  In Central New York Oil & Gas, LLC v Porto Bagle, Inc.  (decided May 2, 2013), the Third Department rejected Petitioner’s appraisal report because both the report and the appraiser’s testimony failed to provide the “facts, figures or calculations” used to determine the value of the Property. The CNYOG decision forces us to review what’s appropriate under 22 NYCRR… 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

The Future of Power Plants in New York: An Examination of the AES Power Plant in Somerset, New York

Posted in Assessments, Utilities
What does the future hold for power plants in New York? If the AES Energy Plant in Somerset, New York is any indication, the future appears to be bleak. High coal prices and low wholesale prices for electricity have conspired together to form a volatile business environment in New York State for coal-burning power plants, leaving many… Continue Reading

No RP-5217? No Tax Bill for You! – A Utility Nightmare

Posted in Assessments, Utilities
New York Real Property Law (RPL) Section 333(1-e) requires county clerks to collect a New York Real Property Transfer Report (RP-5217) before “any conveyance of real property affecting land” is recorded. Specifically, an original RP-5217 “must accompany all deeds and correction deeds.” Why an RP-5217? Practically, the RP-5217 notifies county officials and local assessors of changes in ownership… Continue Reading