N.Y. Public Authorities Law § 2676-s: Agreements relating to payment in lieu of taxes

§ 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.