Form Rp-491-A (Eden) - Application For Conservation Easement Agreement Exemption: Certain Towns Page 2
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2Page 2 of 2 RP-491-a (Eden) (12/14)
For assessor’s use
1. Date application filed:
2. Applicable taxable status date:
3. Action on application:
Approved
Disapproved
4. New parcel identification if exemption applicable to portion of property only:
5. First assessment roll to which exemption is to be applied:
6. Last assessment roll to which exemption is to be applied:
; or
exemption is to be gained in perpetuity
7. Amount of exemption in first year:
Percent
Amount
Town
$
County
$
School district
$
Assessor’s signature
Date
Instructions
Authorization for exemption
Real Property Tax Law section 491-a authorized the Town of Eden to adopt a local law offering a partial tax exemption
from town taxes and town special ad valorem levies to property subject to a conservation easement agreement between
the property owner and the Town of Eden. Erie County and any school district in which the Town of Eden is partially
located may also offer the exemption by adoption of a County local law or school district resolution.
Duration and computation of exemption
The percentage of exemption to be granted is dependent on the length of the commitment in the conservation easement
agreement. The following table illustrates the computation of the exemption:
Percentage of Exemption
Commitment
15 to 29 years
50%
30 to 49 years
75%
50 to 75 years
85%
Perpetual
90%
The conservation easement agreement cannot be cancelled unilaterally by the Town of Eden or the property owner
although the property owner may petition the Town Board for cancellation for good cause. Note that if a conservation
easement is violated or cancelled upon petition, a payment will be assessed against the property equal to five times the
taxes saved in the last year the property benefitted from the conservation easement agreement plus interest of six percent
per year compounded for each year in which the exemption was granted not to exceed five years.
Applicable charges
The partial exemption applies to town taxes and town special ad valorem levies. It also applies to county taxes and county
special ad valorem levies and school taxes where applicable.
Place of filing of exemption application
Applications for the partial exemption must be filed with the town Assessor, not with the Office of Real Property Tax
Services.
Time of filing application
The application must be filed in the Town Assessor’s Office on or before the applicable taxable status date. In Eden, the
taxable status date is March 1.
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