N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 271-1.7

Current through Register Vol. 46, No. 43, October 23, 2024

Section 271-1.7 - Fees: appraisal

(a)

(1) Fees for cables, conduits, pipelines and like facilities shall be determined using a rate per lineal foot which shall be established by the commissioner and adjusted annually on April 1st based upon the United States Department of Labor consumer price index (CPI-W). The term of easement for cables, conduits, pipelines and like facilities shall be 25 years and the standard width of such easements shall be 30 feet, unless otherwise determined by the commissioner. Upon the effective date of these regulations, the fee for cables, conduits, pipelines and like facilities shall be $12.74 per lineal foot. Annual adjustments in the fee per lineal foot will be available upon request from the Office of General Services, Division of Land Utilization. The commissioner may mitigate the fee for those cables, conduits, pipelines and like facilities which are determined to be for the purpose of connecting individual service.

(2) The fee for municipal water and sewer conduits or pipelines shall be 25 percent of the rate determined in this section and may be granted for a term of 50 years.

(b) Hydroelectric easements shall be valued based upon the following factors:

(1) In those instances where applicant or its predecessor in interest have no legislative authorization or grant of easement or other interest from the State of New York for placement and operation of a power facility on the State-owned lands underwater, the applicant shall be required to pay a fee of up to three percent of gross annual revenue from power sales to the State of New York and the appraised land underwater value of those State-owned lands permanently encumbered.

(2) In those instances where the applicant or his predecessor in interest has acquired title by prior legislative authorization or prior grant from the state for a hydroelectric or other power facility, any easement granted for any new hydroelectric facility shall be valued based upon the appraisal of the adjoining upland, exclusive of improvements.

(3) In determining the amount of the fee or percentage to be charged under paragraph (1) or (2) of this subdivision, the commissioner of General Services shall prepare an appraisal findings detailing the State's real property interest, the value of that interest, and any adjustments to value including but not limited to those based upon actual cost avoidance to the State occasioned by applicant's repair or reconstruction of State-owned structures, if any. The appraisal findings shall be subject to the review and approval of the State Comptroller.

(c) In the event the cable, conduit, pipeline, hydroelectric facility and appurtenances cannot be appraised using the methods set forth in subdivisions (a) and (b) of this section, the commissioner may appraise the affected land and/or structure using an income, cost or market value approach as appropriate.

(d) Fees for cable, conduits and pipelines and like facilities shall be paid on or before the date the easement is granted.

(e) Fees for hydroelectric easements shall be paid at the close of the calendar year but, in no event, later than February 15th of the following year.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 271-1.7