N.Y. Comp. Codes R. & Regs. tit. 16 § 322.4

Current through Register Vol. 46, No. 25, June 18, 2024

Section 322.4 - Land and land rights

(a) Land and land rights (accounts 1310, 1360 and 1370) means land owned in fee by the utility and rights, interests, and privileges held by the utility in land owned by others, such as leaseholds, easements, natural gas rights, rights of way, and other like interests in land.

(b) Separate entries shall be made for the acquisition, transfer, or retirement of each parcel of land, and each land right, or gas right, having a life of more than one year. A record shall be maintained showing the nature of ownership, full legal description, area, map reference, purpose for which used, city, village, county, and tax district in which situated, from whom purchased or to whom sold, payment given or received, other costs, contract date and number, date of recording deed, book and page of record. Entries transferring or retiring land or land rights shall refer to the original entry recording its acquisition.

(c) Entries to the gas plant accounts for limited-term interests in land shall make specific reference to the lease, contract or arrangement under which each interest is held or used, together with a concise statement of the terms of the lease, contract or arrangement.

(d) The cost of buildings and other improvements (other than public improvements) shall not be included in the land accounts. If at the time of acquisition of an interest in land such interest extends to buildings or other improvements (other than public improvements), which are then devoted to gas operations, the land and improvements shall be separately appraised and the cost allocated to land and buildings or improvements on the basis of the appraisals. If the improvements are removed or wrecked without being used in gas operations, the cost thereof and the cost of removing or wrecking shall be charged and the salvage credited to the account in which the cost of the land is recorded.

(e) The principal items to be included in the accounts for land and land rights are as follows:

(1) Bulkheads, not requiring maintenance or replacement

(2) Cost of acquisition of land including mortgages and other liens assumed (but not subsequent interest thereon after the property is placed in service)

(3) Clearing (first cost) the land of brush, trees and debris; and also tree trimming (first cost) when not chargeable to other gas plant accounts

(4) Condemnation proceedings, including court and counsel costs

(5) Consents and abutting damages, payment for

(6) Conveyancers' and notaries' fees

(7) Fees, commissions, etc., to brokers, agents and others in connection with the acquisition of the land or land rights

(8) Grading the land, except when directly occasioned by the building of a structure

(9) Leases, cost of voiding upon purchase to secure possession of land

(10) Removing, relocating, or reconstructing property of others, in order to acquire quiet possession

(11) Special assessments levied by public authorities for public improvements on the basis of benefits for new roads, new bridges, new sewers, new curbing, new pavements, and other public improvements, but not taxes levied to provide for the maintenance of such improvements

(12) Surveys in connection with the acquisition

(13) Taxes assumed, accrued to date of transfer of title

(14) Title, examining, clearing, insuring, and registering in connection with the acquisition, and defending against claims relating to the period prior to the acquisition

N.Y. Comp. Codes R. & Regs. Tit. 16 § 322.4