Authorizes the town of Clarkstown to establish community preservation funds and to impose a real estate transfer tax; repealer
This bill authorizes the Town of Clarkstown to create a community preservation fund and to finance that fund with a local real estate transfer tax. The town board would be allowed to adopt a local law imposing a tax of up to three-quarters of one percent on conveyances of real property interests in the town, subject to a mandatory referendum. Revenue from the tax would be deposited into the preservation fund and used only for purposes tied to community preservation, including open space, parks, farmland protection, wetlands, scenic lands, wildlife habitat, historic preservation, shoreline protection, and related conservation or greenbelt goals.
The bill also sets out a detailed framework for how the fund must operate. Clarkstown would have to adopt a community preservation project plan, create an advisory board with conservation and farming representation, hold public hearings before acquisitions, and follow rules governing management, stewardship, and long-term protection of acquired lands and development rights. The measure includes extensive tax administration provisions modeled on New York’s existing real estate transfer tax law, including definitions, exemptions, credits, filing requirements, collection procedures, refunds, confidentiality rules, and judicial review. Section 2, which creates the local transfer tax article, would take effect 90 days after enactment and would expire on December 31, 2046.
The bill would amend the Town Law and Tax Law to give Clarkstown specific statutory authority to levy a local real estate transfer tax and dedicate the proceeds to a restricted community preservation fund. It would create a new Article 31-K in the Tax Law tailored to Clarkstown, while also establishing the local governance structure, eligible uses, exemptions, and enforcement mechanisms for the tax. The measure would affect property sellers and buyers in Clarkstown, especially transactions involving residential, commercial, and development-rights transfers, while carving out numerous exemptions for government transfers, certain conservation-related conveyances, and some agricultural and preservation transactions.
The available legislative history suggests the bill moved forward without recorded opposition in the materials provided, and its last noted action was passage in the Senate. The overall posture of the bill appears supportive of local land preservation and municipal conservation financing, with the structure of the bill reflecting a policy preference for open space, farmland, and historic preservation. No committee transcript or roll-call vote data was provided, so there is no evidence in the record here of formal debate or divided sentiment.
The main points of potential contention are the new transfer tax itself, the mandatory referendum requirement, and the breadth of the town’s authority to acquire and restrict land use. Property owners and real estate interests may object to the added transaction cost, while conservation advocates would likely support the dedicated funding stream. There may also be tension over the bill’s prioritization of farmland and preservation uses, the limits on public access for land used in farm operations, and the long-term restrictions on selling or repurposing land acquired with fund monies. The requirement for an advisory board and detailed preservation plan appears designed to address concerns about oversight and accountability.