Conservation Easement Tax Abatement for Landowners

Both Kevin and Russ served on this subcommittee. The group was diverse in its political views, but there was great consensus. An existing State law to support this idea was found by Ted Crane online. It made into law a percentage tax abatement for Conservation Easements, both limited ones in years and permanent ones. Both Kevin and Russ were interested in doing a time-limited easement that says for X number of years our property cannot be further developed. For surrendering those development rights and preserving rural character, a percentage of taxes paid would be reduced. The other 4 towns in the State that had identical laws, and categories were as follows: a 15 year and up to 30 year time frame gets a 50% reduction, 30 up to 50 years receives a 70% reduction, those opting for 50 to 80 years get an 80% reduction, and permanent receives 90% off.

Number crunching was done to see the impact that such abatement would have on Danby residents. If the largest 100 properties of Danby all did a permanent easement (which is nearly impossible to occur) the average taxpayer increase would be on $50 a year. Since many in the town want to preserve the views and Rural Character of Danby, then why should landowners be shouldering this bill? It should be divided up by those enjoying it! That was the belief of the 20+- folks on this working group.

Currently the Tompkins Co tax assessor refuses to give ANY reduction in tax assessment for land in permanent easement (which is the only one allowed presently). Our group suggested a 5th grouping of 5 to 15 years as a trial for those not quite sure about this type of program, with a 30% reduction. The Town Board and Planning Board shot this 5 to 15 year idea down, but after much debate between them and the CAC, finally approved the plan as 4 other towns have. That did not make it law yet!

The proposal was then sent to the State legislature where sponsorship was obtained and it passed the State Legislature. Eventually it was signed by the Governor. Its still not yet law, though, as the Town Board would need to approve the legislation for that to occur.

In revealing and personal conversations with Town Supervisor Joel Gagnon, he wanted to amend the groupings from 15 to 30 years to 29.5 years. When asked why, he said to RUSS, “Because everyone will choose a 15 year period if given the choice. I want it as long as possible.” When asked “well if you want to make it a fixed year, why wouldn’t you take the average of 15 and 30, making it 22.5 years” his answer remained the same. We are shocked by these comments and ideology! We do not want to be governed by people who act this way. This tax abatement was for landowners, not for him! Yet, he did not represent his constituents, nor the people of Danby. He represented himself. This is another reason why the 3 of us are running for office.

Neither Russ nor Kevin, both of whom were initially very interested in putting their lands into this temporary easement, had any interest under his new terms. Personal ideology and agenda had clearly taken priority over serving the people that he represents.

Unconfirmed status is that the Town lawyer has instructed Joel that the Town Board cannot amend the changes. They must approve it as it was approved by the State. It was officially made into Danby law on July 19, 2023.

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