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A740Assembly2017-2018 Session

Exempt Easements from Transfer Tax

Official title

“Exempts certain easements from the real estate transfer tax”

Sponsor Clifford CrouchAD-122+2 co-sponsorsAffects Finance
Status
In Assembly Committee
Ways And Means
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Ways And Means

What's happening

This bill exempts public use easements, including trails and bike paths, from real estate transfer tax and grants civil liability immunity to grantors.

Why it matters

  1. Encourages creation and donation of public trails and bike paths. by removing the real estate transfer tax for those granting public use easements, making it financially easier for landowners to support public recreation and alternative transportation.

  2. Provides legal protection to landowners (grantors) who allow public access. by granting them civil liability immunity for acts or omissions related to the easement, reducing the risk and legal barriers that often discourage property owners from opening land to the public.

  3. Broadens the definition of public use easements. to specifically include trailways and bicycle paths, clarifying that these forms of public access are protected under the new exemptions and immunities, which could result in more connected and accessible outdoor infrastructure.

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Who cares

Headline styles

Exempt Easements from Transfer Tax

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Clifford Crouch

Assembly Member · Assembly District 122

2 Multi-sponsors

History

  1. Held for consideration in ways and means
  2. Referred to ways and means
  3. Referred to ways and means

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

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 Assembly, do enact as follows:

Section 1. 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, is amended to read as follows:

(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 grantor 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,

§ 2. This act shall take effect immediately and shall apply to all conveyances 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 repealed therewith.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04526-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.