Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 2792
Exemption from taxes, assessments and certain fees
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 32
§ 2792. Exemption from taxes, assessments and certain fees. 1. The
authority shall not be required to pay any fees, taxes, special ad
valorem levies or assessments, whether state or local, including but not
limited to fees, taxes, special ad valorem levies or assessments on real
property, franchise taxes, sales taxes or other excise taxes, upon any
property owned by it or under its jurisdiction, control or supervision,
or upon the uses thereof, or upon its activities in the operation and
maintenance of its facilities or any fares, tolls, rentals, rates,
charges, fees, revenues or other income received by the authority.
Notwithstanding the previous sentence, the authority shall be required
to pay water and pure water fees or charges as may be negotiated by any
public corporation. The authority shall at all times be exempt from any
filing, mortgage recording or transfer fees or taxes in relation to
instruments filed, recorded or transferred by it or on its behalf. The
construction, use, occupation or possession of any property owned by the
authority or the county, including improvements thereon, by any person
or public corporation under a lease, lease and sublease or any other
agreement shall not operate to abrogate or limit the foregoing
exemption, notwithstanding that the lessee, user, occupant or person in
possession shall claim ownership for federal income tax purposes.

2. Any bonds issued pursuant to this title together with the income
there from as well as the property of the authority shall at all times
be exempt from taxes, except for transfer and estate taxes. The state
hereby covenants with the purchasers and with all subsequent holders and
transferees of bonds issued by the authority pursuant to this title, in
consideration of the acceptance of and payment for the bonds, that the
bonds of the authority issued pursuant to this title and the income
therefrom and all revenues, monies, and other property pledged to secure
the payment of such bonds shall at all times be free from taxation,
except for transfer and estate taxes.