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This entry was published on 2014-09-22
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SECTION 2796
Agreements relating to payment in lieu of taxes
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 32
§ 2796. Agreements relating to payment in lieu of taxes. 1. In order
to assure that municipalities may not suffer undue loss of taxes or
assessments in the event that the authority acquires any airport 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 airport 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 is not 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 aviation purposes or pollution control purposes. For the
purposes of this section, such public aviation purposes shall include
without limitation air terminal facilities, parking facilities, fuel
facilities, maintenance facilities, and facilities for the loading,
unloading, holding, interchange or transfer of passengers, freight,
baggage or cargo.

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
aviation purposes, the authority, or lessee thereof, as the case may be,
shall, 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 locate in such municipality. For the purposes of
this section, such purposes other than public aviation purposes shall
include without limitation, hotels, motels, restaurants and retail
stores and concessions not located within any air terminal building,
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 aviation 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 aviation purposes, and (iii) the extent to
which such property is used for purposes other than public aviation
purposes. In making such determinations the authority shall take into
consideration the recommendations, if any, of the county.