New York Laws
Title 2-B - Railroad Real Property of Interstate Railroad Companies
489-BB - Definitions.

§ 489-bb. Definitions. When used in this title, unless otherwise
expressly stated:

1. "Assessing unit" means a city, town or village.

2. "Railroad company" means a corporation , joint stock company,
association, partnership, individual or other person operating a
railroad system both within and without the State of New York as a
common carrier by rail, including but not limited to a street, surface,
underground or elevated railroad and any corporation created under or in
compliance with the rail passenger service act of nineteen hundred
seventy or the regional rail reorganization act of nineteen hundred
seventy-three as those acts were amended to April first, nineteen
hundred seventy-six, whether as owner, lessee, mortgagee, trustee,
receiver or assignee of railroad real property.

3. "Railroad real property" means the land, real estate and real
property (as defined in subdivision twelve of section one hundred two of
this chapter) of a railroad company, which is used by such railroad
company for transportation purposes and which is subject to real
property taxation except as provided in this title, and includes (a)
such property leased to such railroad company, (b) such property used
for transportation purposes by such railroad company under a trackage
right or other operating agreement, title to which is in other than a
railroad company as defined in subdivision two of this section and
subdivision two of section four hundred eighty-nine-b of this chapter,
(c) such property used or occupied by such railroad company, title to
which is in the state or in any municipal corporation thereof under any
of the grade crossing elimination acts, and (d) the tangible property of
such railroad company situated in, upon, under or above any street,
highway, public place or public waters; but does not include the value
of any franchise, right or permission to construct, maintain or operate,
in, under, above, on or through, streets, highways or public places.

4. "Subsidized railroad real property" means any railroad real
property for which a rail service continuation subsidy is paid by the
United States or the state of New York.

5. "Tax" or "taxation" means an ad valorem charge or special ad
valorem levy imposed upon real property by or on behalf of a county,
city, town, village, school district or special district.