Legislation
SECTION 1199-OO*2
Exemption from taxes, assessments and certain fees; payments in lieu of taxes
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 8-E*
* § 1199-oo. Exemption from taxes, assessments and certain fees;
payments in lieu of taxes. 1. It is hereby determined that the creation
of the authority and the carrying out of its corporate purposes is in
all respects for the benefit of the people of the state and is a public
purpose, and the authority shall be regarded as performing a
governmental function in the exercise of the powers conferred upon it by
this title and shall not be required to pay any taxes, special ad
valorem levies or special assessments upon any real property owned by it
or any filing, recording or transfer fees or taxes in relation to
instruments filed, recorded or transferred by it or on its behalf;
provided, however, that any real property owned or acquired by the
authority outside of the district shall be exempt from real property
taxes, ad valorem levies or special assessments only pursuant to and to
the extent provided by an agreement with the governing body of the
municipality in which such real property is located.
2. An authority may pay, or may enter into agreements with any
municipality to pay, a sum or sums, annually or otherwise or to provide
other considerations to such municipality with respect to real property
owned by the authority located within such municipality and constituting
a part of a water or sewerage system.
3. Any bonds issued pursuant to this title together with the income
therefrom shall be exempt from taxation except for transfer and estate
taxes. The revenues, moneys and all other property and activities of the
authority shall be exempt from all taxes and governmental fees or
charges, whether imposed by the state or any municipality, including
without limitation real estate taxes, franchise taxes, sales taxes or
other excise taxes. Notwithstanding the foregoing provision of this
subdivision, any real property owned or acquired by the authority
outside the district shall be subject to subdivision one of this
section. The state hereby covenants with the purchasers and with all
subsequent holders and transferees of bonds issued by the authority
pursuant to this title, in consideration of the acceptance of and
payment for the bonds, that the bonds of the authority issued pursuant
to this title and the income therefrom shall be exempt from such
taxation as aforestated herein, and that all revenues, moneys, and other
property pledged to secure the payment of such bonds shall at all times
be free from such taxes as aforestated herein.
* NB There are 2 § 1199-oo's
payments in lieu of taxes. 1. It is hereby determined that the creation
of the authority and the carrying out of its corporate purposes is in
all respects for the benefit of the people of the state and is a public
purpose, and the authority shall be regarded as performing a
governmental function in the exercise of the powers conferred upon it by
this title and shall not be required to pay any taxes, special ad
valorem levies or special assessments upon any real property owned by it
or any filing, recording or transfer fees or taxes in relation to
instruments filed, recorded or transferred by it or on its behalf;
provided, however, that any real property owned or acquired by the
authority outside of the district shall be exempt from real property
taxes, ad valorem levies or special assessments only pursuant to and to
the extent provided by an agreement with the governing body of the
municipality in which such real property is located.
2. An authority may pay, or may enter into agreements with any
municipality to pay, a sum or sums, annually or otherwise or to provide
other considerations to such municipality with respect to real property
owned by the authority located within such municipality and constituting
a part of a water or sewerage system.
3. Any bonds issued pursuant to this title together with the income
therefrom shall be exempt from taxation except for transfer and estate
taxes. The revenues, moneys and all other property and activities of the
authority shall be exempt from all taxes and governmental fees or
charges, whether imposed by the state or any municipality, including
without limitation real estate taxes, franchise taxes, sales taxes or
other excise taxes. Notwithstanding the foregoing provision of this
subdivision, any real property owned or acquired by the authority
outside the district shall be subject to subdivision one of this
section. The state hereby covenants with the purchasers and with all
subsequent holders and transferees of bonds issued by the authority
pursuant to this title, in consideration of the acceptance of and
payment for the bonds, that the bonds of the authority issued pursuant
to this title and the income therefrom shall be exempt from such
taxation as aforestated herein, and that all revenues, moneys, and other
property pledged to secure the payment of such bonds shall at all times
be free from such taxes as aforestated herein.
* NB There are 2 § 1199-oo's