1998-20
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Cite as N.Y. Op. Att'y Gen. No. 1998-20
REAL PROPERTY TAX LAW § 329.
The procedure for making the transition from three to one
elected assessors is set forth in section 329 of the Real
Property Tax Law.
May 19, 1998
John B. Garrity, Jr., Esq. Informal Opinion
Town Attorney
No. 98-20
Town of Amenia
248 Church Street
Poughkeepsie, New York 12601
Dear Mr. Garrity:
You have inquired as to the procedure for making a
transition from three elected assessors to a sole elected
assessor. We presume that the town exercised the option to
retain elected assessors, as provided by State law.
You informed us that the town board enacted a local law,
subject to permissive referendum, authorizing the change from
three elected assessors to one elected assessor. At a referendum
in November of 1997, the voters approved the local law. Your
question is how the transition from three elected assessors to
one elected assessor is effectuated.
Section 329 of the Real Property Tax Law establishes the
procedure for the transition from three elected assessors to one.
Under this provision, the change is authorized by local law
subject to permissive referendum. The town may adopt a local law
providing that:
[F]rom and after the first day of January
first following the next biennial or general
election at which the electors would vote for
an assessor, there shall be but one assessor,
to be elected at that election. . . . On
December thirty-first of the year in which
the assessor is elected to serve a six-year
term, the term or terms of office of all
assessors then in office shall terminate.
Real Property Tax Law § 329.
Under the above quoted language, at the next biennial
election when one or more of the current assessors would be
elected for a full term, the voters would elect one assessor for
2
a six-year term. The terms of office of the other assessors in
office at the time of that election would terminate on
December 31 following the election. Thus, the transition would
be made to a single elected assessor.
The Attorney General renders formal opinions only to
officers and departments of State government. This perforce is
an informal and unofficial expression of the views of this
office.
Very truly yours,
JAMES D. COLE
Assistant Attorney General
In Charge of Opinions