New York Laws
Title 2 - Assessment and Taxation of Certain State Lands
543 - Assessment of Conservation Easements.

(a) The state is responsible for direct payment to the municipality of
its proportionate share, determined by multiplying the amount of the tax
bill by the allocation factor which shall be certified by the
commissioner to the assessor and chief fiscal officers of the
municipalities within which the property is situated and to the state
comptroller.
(b) Upon presentation of a certificate issued pursuant to this
section, a collecting officer is hereby authorized to accept from the
underlying fee owner the taxes due and owing from the fee owner after
deducting those taxes for which the state is liable because of its

acquisition of a conservation easement or common law easement subject to
taxation pursuant to this title. Any official having custody of a final
assessment roll or tax roll is hereby authorized to make such changes on
that roll as may be required by the commissioner to incorporate the tax-
able assessed value attributable to such easement using the allocation
factor as certified pursuant to this section.
(c) The county treasurer shall submit a copy of the certificate issued
pursuant to this section, together with a statement of taxes due, to the
state comptroller for payment pursuant to section five hundred
forty-four of this title.
6. Payment of taxes by the owner of a parcel burdened by a
conservation easement or common law easement made taxable pursuant to
this title based upon the assessment of the parcel without consideration
of that easement shall entitle that owner to a refund pursuant to
section five hundred fifty-six of this article, equal to any taxes paid
by the state upon such easement. Such owner shall present the
certificate issued pursuant to this section and proof of payment to the
tax levying body.
7. (a) Whenever the state acquires a conservation easement or a common
law easement made taxable pursuant to this title which burdens a parcel
containing an improvement, the commissioner shall specify whether the
easement applies to the land, the improvements or both.
(b) Where a conservation easement created pursuant to title three of
article forty-nine of the environmental conservation law or a common law
easement for conservation purposes has been or is hereinafter acquired
by the state:
(i) on a parcel of property which is otherwise fully exempt from
taxation, the assessor shall determine the taxable assessment of the
conservation easement by multiplying the allocation factor by the total
assessed value of the land, the improvement, or the entire parcel, as
appropriate;
(ii) on a parcel of property which is partially exempt from taxation,
the assessor shall determine the taxable assessment of the conservation
easement by multiplying the allocation factor by the total assessed
value of the land, the improvement, or the entire parcel, as
appropriate;
(iii) on a parcel which is partially exempt from taxation, the taxable
assessed value of the burdened parcel shall be calculated through pro
ration of the partial exemption in the same proportions as the
allocation factor. The owner of the burdened parcel shall be entitled to
the pro rated portion of the exemption which is applicable to the
remainder fee interest.
(c) No exemption shall be applied to the total assessed value of the
conservation easement.