N.Y. Public Authorities Law § 2796: Agreements relating to payment in lieu of taxes

§ 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.