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    chang up's Avatar
    chang up Posts: 1, Reputation: 1
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    #1

    Oct 25, 2013, 10:45 AM
    Personal Property Abandonment Laws in NY
    my question is if a county took a piece of property off there tax roll can a business use that property that no taxes are being paid on
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Oct 25, 2013, 10:56 AM
    How do you know its off the books or that nobody is paying the taxes on it? Never heard of ANY property being taken "off the books".

    Property that has unpaid taxes is commonly seized and auctioned off to new owners.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Oct 25, 2013, 11:20 AM
    I doubt your premise.
    Even so, no one has a right to use a property without permission, that isn't his, in any state in the US.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 25, 2013, 12:08 PM
    Bottom line is making use of property you do not own is illegal. However, under the laws of adverse possession, you might be able to claim ownership of the property if you can openly use it for a period.

    But as smoothy property is never taken off the tax rolls.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Oct 25, 2013, 02:27 PM
    Personal property?

    I question whether OP really means chattels. I don't know how personal property can be on tax rolls (other than a mobile home, I guess), and the laws of adverse possession certainly don't apply.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Oct 25, 2013, 03:00 PM
    That's why I'm assuming the Subject was misstated and I'm going by what was said in the body of the post.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #7

    Oct 25, 2013, 03:06 PM
    Same here. I was assuming a chunk of land and/or structure is what they meant was involved.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Oct 25, 2013, 06:15 PM
    OK, arguendo, if the local government took real property "off there (sic) tax roll", does that mean that the property was tax-foreclosed and became county property? Perhaps. Then, apparently, a privately-owned business wants to use it. In that case, the next questions would be
    • whether that business is the former owner;
    • whether or not the business has been given permission from the county to use it,
    • etc.


    In short, there are simply two many unknowns here to make further discussion productive.

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