N.Y. Real Property Tax Law 489-RR – Inapplicability of title
* § 489-rr. Inapplicability of title. The provisions of this title shall not apply to any railroad real property of any railroad company for which railroad ceilings were not made in the calendar years nineteen hundred seventy-six and nineteen hundred seventy-seven unless such company files with the commissioner a statement in writing that such company elects to have the provisions of this title apply to such company. Any such railroad company may file such statement on or before February first in any year, in which case and at such time, the provisions of this title shall become applicable and the commissioner shall annually thereafter establish railroad ceilings for the railroad real property of such company. Notwithstanding any other provisions of this section, any such railroad company may file such statement on or before July fifteenth in the calendar year nineteen hundred seventy-eight. The provisions of this section shall remain in force and effect only until March thirty-first, nineteen hundred eighty-three.
Terms Used In N.Y. Real Property Tax Law 489-RR
- 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. See N.Y. Real Property Tax Law 489-BB
- 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. See N.Y. Real Property Tax Law 489-BB
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
* NB Expired March 31, 1983