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This entry was published on 2024-07-05
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SECTION 2676-S
Agreements relating to payment in lieu of taxes
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 28-C
§ 2676-s. Agreements relating to payment in lieu of taxes. 1. In order
to assure that municipalities shall not suffer undue loss of taxes or
assessments in the event that the authority acquires any facility from
the county, any person paying real property taxes or assessments as of
the date of the transfer of title from the county to the authority on
any property located within any such facility shall make payments in
lieu of taxes in an amount equal to the sums which would ordinarily be
imposed as taxes by any municipality in which such property is located,
pursuant to the prevailing method of determining taxes and assessments.

2. Subject to any agreement with bond holders, the authority may, with
the approval of the county, but shall not be required to, enter into
agreements with any municipality of the state to pay annual sums in lieu
of taxes to any such municipality in respect of any real property which
is owned by the authority is located in such municipality and is used
for public purposes. For the purposes of this section, such public
purposes shall include without limitation athletic facilities,
educational facilities, performing arts facilities, or residential
facilities.

3. (a) In the event that any real property owned by the authority is
used by the authority or a lessee thereof for purposes other than public
purposes, the authority, or lessee thereof, as the case may be, may,
with the approval of the county, enter into agreements with any
municipality of the state to pay annual sums in lieu of taxes in respect
of such real property located in such municipality. For the purposes of
this section, such purposes other than public purposes shall include
without limitation, athletic facilities, educational facilities,
performing arts facilities, residential facilities, or office buildings
to the extent not used by the authority or any other public corporation
for its own corporate purposes, and such other buildings and
improvements as determined by the authority to be not exclusively for
public purposes.

(b) The authority shall determine (i) the amount of such annual
payments in lieu of taxes; (ii) whether the use of such property is for
purposes other than public purposes; and (iii) the extent to which such
property is used for purposes other than public purposes. In making such
determinations the authority shall take into consideration the
recommendations, if any, of the county.