Ascertainment of Facts for Assessment.

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§ 500. Ascertainment of facts for assessment. 1. The assessors in each city and town shall maintain an inventory of all the real property located therein including the names of the owners thereof and complete an annual update thereto on or before the first day of March. The physical characteristics of real property included in such inventory shall constitute a public record and shall be available for public inspection and copying in accordance with paragraph (b) of subdivision two of section eighty-seven of the public officers law except as provided in paragraphs (d) and (f) of subdivision two of section eighty-seven of the public officers law. Disclosure of the inventory data shall not be considered an unwarranted invasion of personal privacy as defined in subdivision two of section eighty-nine of the public officers law. 2. If, in ascertaining facts for purposes of assessment pursuant to this section, the assessor finds that real property is located within the assessing unit of which he is the assessor but was not entered on the assessment roll of such assessing unit for the preceding year and, in addition, that such real property was entered on the assessment roll of an adjoining assessing unit for such preceding year, the assessor shall not henceforth assess such real property unless:

(a) upon approval of a justice of the supreme court, the adjoining assessing unit agrees in writing that the real property may be so assessed and in which event the adjoining assessing unit shall not assess such real property; or

(b) a judgment of the supreme court is entered in a proceeding pursuant to section two hundred twenty-eight of the county law determining that such real property is not located in the adjoining assessing unit. 3. At least thirty days prior to the return date thereof, a copy of any application for judicial approval of an agreement or any pleading initiating a judicial proceeding pursuant to subdivision two of this section shall be served personally or by certified mail upon each owner, last known owner or reputed owner of real property affected thereby. 4. The entry of real property described in subdivision one of this section in a manner contrary to the provisions of this section shall constitute an unlawful entry as defined in paragraph b of subdivision seven of section five hundred fifty of this chapter. 5. Real property entered on an assessment roll as provided by subdivision two of this section shall not be subject to the provisions of section five hundred fifty-one of this chapter relating to the entry of omitted property on current assessment roll, nor shall the provisions relating to refunds of taxes provided by section five hundred fifty-six of this chapter apply as regards the entry of such real property on an assessment roll of an adjoining assessing unit for preceding years.


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