Related Practice Areas
Attorneys
Real Property and Special Franchise
The firm regularly handles real property issues for energy and
utility companies. These issues range
from tax certiorari challenges to litigation involving real property tax issues
unique to energy and utility companies.
The firm is uniquely qualified to
assist energy and utility companies in administrative and judicial proceedings
involving the valuation of private utility property and special franchise
property (utility mass property located in public rights of way). Our valuation team has extensive experience representing
energy and utility companies before the New York City Tax Commission, the New
York City Law Department, local boards of assessment review, the Office of Real
Property Tax Services, the State Board of Real Property Tax Service and the New York State courts. As specialty property, utility property is
valued differently from most other types of property using the reproduction
cost new less depreciation (RCNLD) method.
Our attorneys work with appraisers and engineers in producing trial
quality appraisals to support reductions in assessments, significant tax
refunds and future savings.
In addition to valuation challenges, the firm has
been successful in challenging the application of various aspects of the New
York State property tax system by local taxing jurisdictions. For example, we have successfully challenged
the imposition of illegal tax rates on utility property which resulted in
millions of dollars of refunds to various utility clients. We have also successfully challenged the
imposition of various special district taxes upon utility mass property which
also resulted in millions of dollars of refunds to various utility clients and
significant future tax savings.
The firm regularly advises clients on
miscellaneous real property tax issues impacting energy and utility companies,
including issues involving our clients’ property tax bills, pending real
property tax legislation, the intricacies of the real property tax system in
special assessing units (New York City and Nassau County), and annual reporting
requirements with the State Board of Real Property Tax Services.
Our clients
include gas distribution and transmission companies, power plants, water
distribution companies, natural gas pipelines, and telecommunications companies.
Case Studies
- June 27, 2011