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
Category Archives: Utilities
Subscribe to Utilities RSS FeedThe Legal Definiton of Real Property – Is The Law Evolving At The Same Rate As Technology?
Posted in Assessments, Exemptions, Utilities, ValuationAre 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, UtilitiesWhat 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, UtilitiesNew 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