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IN THE MATTER OF NORFOLK SOUTHERN RAILWAY COMPANY v. BROWN

20 A.D.3d 791 (2005)

798 N.Y.S.2d 783

In the Matter of NORFOLK SOUTHERN RAILWAY COMPANY, Appellant, v. IFIGENIA T. BROWN et al., Constituting the New York State Board of Real Property Services, Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 21, 2005.

CARPINELLO, J.

Prior to 2002, the RPTL had a mechanism for establishing ceilings on railroad real property tax assessments. The ceilings were based, in part, on the profitability of individual railroads. In order to encourage railroad companies to make additional capital improvements to their rail lines in this state, the Legislature passed, and the Governor approved, the New York State Rail Infrastructure Investment Act of 2002 (see L 2002, ch 698 [hereinafter...

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