LOCAL LAW NO. "D" FOR 2023
A LOCAL LAW ENACTING A LIMITED EXEMPTION FROM COUNTY REAL PROPERTY TAXES FOR PROPERTIES LOCATED WITHIN THE TOWN OF GUILDERLAND WHICH ARE SUBJECT TO QUALIFIED CONSERVATION EASEMENT AGREEMENTS
Introduced: 5/8/23
By Feeney, Cleary, Reidy, Reinhardt and Perlee:
WHEREAS, Section 491-b of the Real Property Tax Law authorizes a limited exemption from real property taxes for qualified Conservation Easement Agreements entered into within municipalities authorized to offer such agreements and exemptions, including the Town of Guilderland, and
WHEREAS, In regard to "open space", as that term is defined under Section 491-b.2 of the Real Property Tax Law, it is the desire of the Albany County Legislature to authorize qualified Conservation Easement Agreement limited real property tax exemptions to help protect open space in Albany County, and
WHEREAS, To ensure that such exemption is implemented without reducing County tax collections from municipalities providing it, now or in the future, and to ensure that the property owners in other municipalities do not have to pay a higher share of County taxes as a result of the exemption, it is advantageous to specify that such exemption be implemented under the provisions of Real Property Tax Law Section 844(1)(b)(ii) that allows for an "add back" exempted value, now, therefore,
BE IT ENACTED, By the Legislature of the County of Albany as follows:
SECTION 1. TITLE
This Local Law shall be known as the "Guilderland Conservation Easement Agreement Law".
SECTION 2. LEGISLATIVE INTENT
In accordance with the provisions of Section 491-b of the Real Property Tax Law, properties located within the Town of Guilderland which are subject to qualified Conservation Easement Agreements shall be exempt from County taxation as set forth below.
SECTION 3. CONSERVATION EASEMENT AGREEMENT EXEMPTIONS
As is authorized by Real Property Tax Law 491-b, the County of Albany does hereby provide that qualifying...
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