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A00740 Summary:

A00740 Actions:

A00740 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A740
 
SPONSOR: Crouch (MS)

 
TITLE OF BILL:
 
An act to amend the tax law, in relation to exempting certain easements
from the real estate transfer tax
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
This exempts certain easements from the real estate transfer tax.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
This amends subparagraph 1 of paragraph (j) of subdivision 2 of section
1449-ee of the tax law, as added by Chapter 114 of the laws of 1998:
 
(1) agricultural, conservation, scenic, public use or an open space
easement; for the purposes of this subparagraph "public use" shall
include but not be limited to, trailways and bicycle paths and the gran-
tor of such public use easement shall, notwithstanding the provisions of
any other law to the contrary, be immune from civil liability and action
with respect to any act or omission relating to such easement.
 
 
JUSTIFICATION:
 
Exempts certain easements from an unnecessary real estate transfer tax.
 
 
PRIOR LEGISLATIVE HISTORY:
 
None.
 
 
FISCAL IMPLICATIONS:
 
To be determined.
 
 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all conveyanc-
es of real property subject to a public use easement occurring on and
after such date; provided, however, that the amendments to subparagraph
1 of paragraph (j) of subdivision 2 of section 1449-ee of the tax law
made by section one of this act shall not affect the repeal of such
section and shall be deemed to be repealed therewith.

A00740 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           740
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2017
                                       ___________
 
        Introduced by M. of A. CROUCH -- Multi-Sponsored by -- M. of A. FINCH --
          read once and referred to the Committee on Ways and Means
 
        AN  ACT to amend the tax law, in relation to exempting certain easements
          from the real estate transfer tax
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subparagraph 1 of paragraph (j) of subdivision 2 of section
     2  1449-ee  of the tax law, as added by chapter 114 of the laws of 1998, is
     3  amended to read as follows:
     4    (1) agricultural, conservation, scenic, public use or  an  open  space
     5  easement;  for  the  purposes  of  this  subparagraph "public use" shall
     6  include, but not be limited to, trailways  and  bicycle  paths  and  the
     7  grantor   of   such  public  use  easement  shall,  notwithstanding  the
     8  provisions of any other law  to  the  contrary,  be  immune  from  civil
     9  liability  and  action  with  respect to any act or omission relating to
    10  such easement,
    11    § 2. This act shall take effect immediately and  shall  apply  to  all
    12  conveyances  of real property subject to a public use easement occurring
    13  on and after such  date;  provided,  however,  that  the  amendments  to
    14  subparagraph  1  of paragraph (j) of subdivision 2 of section 1449-ee of
    15  the tax law made by section one of this act shall not affect the  repeal
    16  of such section and shall be deemed repealed therewith.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04526-01-7