Justice Jeffery Brown of the State Supreme Court issued a ruling that strikes down Nassau County’s collection of a $335 fee that the County has been collecting to verify each tax lot referenced in any document presented for recordation with the County Clerk. In the ruling, the Court ruled the fee is an unlawful and unconstitutional tax. The fee originated with former County Executive Edward Mangano and steadily rose over the years. The Court saw the fee as excessive and not tied to the County’s duties to keep a registration of property documentation, but rather was used to generate revenue and as such is an unlawful and unconstitutional tax. As reported in Newsday, the resulting loss of revenue for the County will amount to over $45 million, which, if so, will significantly add to the County’s growing budget deficit especially in light of reduced sales tax collections during the COVID-19 pandemic. Newsday also reported that the County filed an appeal of the Court’s ruling. Those conducting transactions and paying to record documents in Nassau County should be prepared to continue to pay the fee pending the appeal. The fee is routinely collected by the title company handling the specific transaction. Click here to read the Court’s decision.