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been forested as above provided within three years prior to the taking effect of this section may come within its provisions if application therefor is made to the conservation commission within one year from the time when this section takes effect, but except as provided by this section the period of exemption or reduction as certified to by the conservation commission shall not exceed the period of thirty-five years from the date of the original planting. Lands situated within twenty miles of the corporate limits of a city of the first class, or within ten miles of the corporate limits of a city of the second class, or within five miles of the corporate limits of a city of the third class, or within one mile of the corporate limits of an incorporated village shall not be entitled to the exemption or reduction of assessment provided for by this section. In the event that lands exempted or reduced in taxation as above provided shall, by act of the owner or otherwise, at any time during the period of exemption or reduction in taxation cease to be used exclusively as a forest plantation to the extent provided by this section to entitle such land to the privileges of this section, the said exemption and reduction in taxation provided for in this section shall no longer apply and the assessors having jurisdiction are hereby empowered and directed to assess the said land at the value and in the manner provided by the tax law for the general assessment of land. If any land exempted under this section continues to be used exclusively for the growth of a planted forest after the expiration of the period of exemption provided hereby, the land shall be assessed at its true value and the timber growth thereon shall be exempt from taxation, except if such timber shall be cut before the land has been duly assessed and taxes regularly paid for five consecutive years after the exemption period has expired, such timber growth shall be subject to a tax of five per centum of the estimated stumpage value at the time of cutting, unless such cuttings are thinnings for stimulating' growth and have been made under the supervision of the conservation commission. Whenever the owner shall propose to make any cutting of such timber growth for a purpose other than

for thinning as above provided, he shall give thirty days' notice to the assessors of the tax district on which the land is located, who shall forthwith assess the stumpage value of such proposed cutting, and such owner shall pay to the collector of the town in which such land is situated before cutting such timber five per centum of such assessed valuation. If such owner shall fail to give such notice and pay such taxes he shall be liable to a penalty of three times the amount of such tax, and the supervisor of the town may bring an action to recover the same for the benefit of the town in any court of competent jurisdiction. (Added by L. 1912, chap. 249, in effect April 10, (1912.)

§ 17. Exemption and reduction in assessment of lands maintained as wood lots and to encourage the growth of trees for such purposes. In order to encourage the maintenance of wood lots by private owners and the practice of forestry in the management thereof, the owner of any tract of land in the state, not exceeding fifty acres, which is occupied by a natural or planted growth of trees, or by both, which shall not be situated within twenty miles of the corporate limits of a city of the first class, nor within ten miles of the corporate limits of a city of the second class, nor within five miles of the corporate limits of a city of the third class, nor within one mile of the corporate limits of an incorporated village, may apply to the conservation commission in manner and form to be prescribed by it, to have such land separately classified for taxation. Application for such classification shall be made in duplicate and accompanied by a plot and description of the land, and such other information as the commission may require. Upon the filing of such application it shall be the duty of the commission to cause an inspection of such land to be made by a competent forester for the purpose of determining whether or not it is of a suitable character to be so classified. If the commission shall determine that such land is suitable to be so classified, it shall submit to the owner a plan for the further management of said land and trees and shall make and execute a certificate under

the seal of the commission and file the same with the county treasurer of the county in which the land is located, which certificate shall set forth a description and plot of the land so classified, the area and owner thereof, the town or towns in which the same is situated, and that the land has been separately classified for taxation in accordance with the provisions of this section. Upon the filing of such certificate it shall be the duty of the county treasurer to file with the assessors of the tax district in which the land described therein is located, within ten days after receipt thereof, a certified copy of such certificate. So long as the land so classified is maintained as a wood lot, and the owner thereof faithfully complies with all the provisions of this section and the instructions of the commission, it shall be assessed at not to exceed ten dollars per acre and taxed annually on that basis. In fixing the value of said lands for assessment, the assessors shall in no case take into account the value of the trees growing thereon, and said land shall not be assessed at a value greater than other similar lands within the same tax district, which contain no forest or tree growth, are assessed. The assessors of each tax district where said land so classified is located shall insert upon the margin of said assessment and opposite the description of such land a statement that said land is assessed in accordance with the provisions of this section. In the event that land so classified as above prescribed shall at any time by act of the owner or otherwise cease, in the judgment of the commission, to be used exclusively as a wood lot to the extent provided by this section to entitle the owner of such land to the privileges of this section, the exemption and valuation in taxation provided for in this section shall no longer apply and the assessors having jurisdiction shall, upon the direction of the commission assess the said land at the value and in the manner provided by the tax law for the general assessment of land. Whenever the owner shall propose to cut any live trees from said land, except for firewood or building material for the domestic use of said owner or his tenant, he shall give the commission at least thirty days notice prior to the time he desires to begin cutting, who shall designate for the owner

the kind and number of trees, if any, most suitable to be cut for the purpose for which they are desired, and the cutting and removal of the trees so designated shall be in accordance with the instructions of said commission. After such trees are cut and before their removal from the land, the owner shall make an accurate measurement or count of all of the trees cut and file with the assessors of the tax district a verified, true and accurate return of such measurement or count and of the variety and value of the trees so cut. The assessors shall forthwith assess the stumpage value of the timber so cut, and such owner shall pay to the tax collector of the town in which such land is situated, before the removal of any such timber, five per centum of such valuation. such owner shall fail to give such notices and pay such taxes he shall be liable to a penalty of three times the amount of such tax, and the supervisor of the town may bring an action to recover the same for the benefit of the town in any court of competent jurisdiction. (Added by L. 1912, chap. 363, in effect April 15,1912.)

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ARTICLE 2

Mode of Assessment

Section 20. Ascertaining facts for assessment.

21. Preparation of assessment-roll.

21a. Assessment-rolls in cities.

21b. Assessment of certain real property in Suffolk and Herkimer

[blocks in formation]

24a. Notice of assessment to banks or banking associations; com

plaints.

24b. Bank shares; rate of tax.

24c. Bank shares; exemption from other taxes.

24d. Bank tax; levy by board of supervisors.

24e. Bank tax; warrant for collection.

24f. Bank tax; collection and payment.

24g. Bank tax; distributed by board of supervisors.

25. Individual banker, how assessed.

26. Notice of assessment to bank or banking association.
27. Reports of corporations.

28. Penalty for omission to make statement.

29. County clerks to furnish data respecting corporations.
Tax map in each tax district.

30.

31. 32.

(Repealed.)

(Repealed.)

33. Assessment of agent, trustee, guardian or executor.

34. Assessment of omitted property.

34a. Reassessment of mapped lots illegally assessed.

35. Debts owing to nonresidents of the United States, how assesse

36. Notice of completion of assessment-roll.

36a. Completion of assessment-roll; notice to nonresidents.

37. Hearing of complaints.

38. Correction and verification of tax-roll.

39. Filing of roll and notice thereof.

40.

Assessors to apportion valuation of railroad, telegraph, telephone,
pipe line, or gas companies and of special franchises among
school and special districts.

41. Neglect or omission of duty by assessors.
Abandonment of lot divisions.

42.

43.

Assessment of special franchises.

44. Report to state board of tax commissioners.

45. Hearing on special franchise assessment.

45a. Fixing final valuation; final delivery of statement; information by local officers.

45b. Special franchises; determination of final full and equalized val

uation.

45c. Certificate of special franchise valuations filed with localities. 45d. Special franchise; certification of final valuations to owners.

45e. Special franchise assessments subject to all taxes.

45f. Information by local officers.

46. Certiorari to review assessment.

46a. Effect of L. 1911, ch. 804.

47. Tax commissioners to appear by counsel; employment of experts. 48. Deduction from special franchise tax for local purposes.

49. Special franchise tax not to affect other tax.

§ 20. Ascertaining facts for assessment. The assessors in each tax district shall annually, between January first and July first, ascertain by diligent inquiry all the property and the names

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