Town of Southampton, NY Article IV Conservation Easements [1]

[Adopted 3-10-1987 as part of L.L. No. 1-1987]

[1] Editor's Note: See also Art. III, Conservation Easements, of Ch. 247, Open Space.

§ 298-10 Purpose; statutory requirement.

It is the purpose of this article to provide for a uniform and orderly procedure for assessing lands for real property tax purposes which are subject to a conservation easement as provided for under Article III of Chapter 247, Open Space. Subdivision 3 of § 247 of the General Municipal Law requires that valuation of lands for real property tax purposes takes into account the limitations on land use imposed by a conservation easement.

§ 298-11 Valuation for taxation.

A. After acquisition of any such interest pursuant to Article III of Chapter 247 of this Code, the valuation placed upon such area for purposes of real estate taxation shall take into account and be limited by the limitation on the future use of the land.

B. The provisions of this section shall only be applicable to land assessments and shall not in any way be applied to the assessment of any buildings or structures located on a parcel under a conservation easement.

§ 298-12 Penalties for offenses; extinguishment of easement.

A. If there is substantial violation of the terms and conditions of the conservation easement or if said easement is extinguished, the then owner or owners of said property must pay to the Town of Southampton the following amounts:

(1) All taxes granted abatement under and pursuant to the conservation easement, said taxes to include the state, county, Town, school districts and all special improvement districts and other taxing units to which the property is subject. Said back taxes shall be limited as follows: Any easement broken before its 11th year will be subject to a five-year maximum rollback; an easement broken between its 11th and 15th year will be subject to a four-year maximum rollback; an easement broken in its 16th year or later will be subject to a three-year maximum rollback; plus

(2) The penalty assessed on the basis of the previous year's tax abatement multiplied by a factor equal to the term of the easement divided by the current year of the easement. This factor shall not exceed five.

B. Where a conservation easement is extinguished through the power of eminent domain, the penalties provided for in this section shall not be imposed.