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This entry was published on 2014-09-22
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SECTION 2770
Agreements relating to payment in lieu of taxes
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 31
§ 2770. 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 bondholders, the authority may, 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. In the event that any real property owned by the authority is used
or is to be 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 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 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.

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.