Section 20.13. Special powers of a trust  


Latest version.
  • 1. A trust shall have such
      special  powers  with  respect  to  assisting   participating   cultural
      institutions  or  other  not-for-profit  cultural  organizations  as are
      provided by special law; provided, that a trust may not develop or cause
      to be developed a combined-use  facility  for  use  or  occupancy  by  a
      participating  cultural  institution  unless  (i) in a municipality such
      institution shall have had average annual admissions of  at  least  five
      hundred thousand persons as shown on the records of such institution for
      a  period  of  at least five years prior to either the effective date of
      this article or the date on which a trust first enters into an agreement
      for the development of a combined-use facility for the use or  occupancy
      by  such  institution, (ii) in a city having a population of one hundred
      twenty-five thousand or more, such institution shall  have  had  average
      annual  admissions  of  at  least fifty thousand persons as shown on the
      records of such institution for such period and (iii) in any other city,
      such institution shall have such minimum average  annual  admissions  as
      are  set  forth  in the special law creating a trust; provided, however,
      with respect to a participating cultural institution that  is  a  public
      television  station  with  respect to which a trust entered an agreement
      prior to January first, nineteen hundred ninety the foregoing shall  not
      apply and provided further that the decision of the trust in determining
      such average annual admissions shall be final.
        2.  A  trust  may  not  acquire  real property by condemnation, unless
      otherwise provided by special law.
        3. For so long as any real property, consisting of all or any part  of
      the  non-institutional  portion  of  a combined-use facility or in or on
      which all or any part of such portion prior to completion is designed to
      be and upon completion is developed shall be exempt from  real  property
      taxation pursuant to section 20.33 of this article, the owners from time
      to time of such real property shall pay to the trust which has developed
      or  approved  the  developer  of such facility, annual or other periodic
      amounts, as  tax-equivalency  payments,  at  least  equal  to  the  real
      property taxes that would have otherwise been paid or payable in respect
      of  such real property; provided, however, that the special law creating
      a trust may provide a method for calculating such  real  property  taxes
      for purposes of determining the amount of such tax-equivalency payments;
      and provided further that the special law creating a trust shall specify
      the   purposes   for   which   the   trust  shall  use  or  expend  such
      tax-equivalency payments, the means for enforcing such payments and  the
      priorities in favor of a trust in connection with such enforcement.
        4.  A  trust and the participating cultural institution with which the
      trust  has  entered  into  an  agreement  for  the  development   of   a
      combined-use  facility,  any  facility  for  a  not-for-profit  cultural
      organization or a public television facility  prior  to  January  first,
      nineteen  hundred  ninety shall each have all rights provided by law, as
      if each were the owner of such facility and the real property in  or  on
      which  such  facility  is  or is designed to be developed, to contest in
      whole or in part any assessment or revised assessment of  the  value  of
      such facility and property, or any portion thereof, by appropriate legal
      proceedings,  and  for  purposes of this subdivision four, each shall be
      deemed  to  be  a  person  aggrieved.  Each  owner  required   to   make
      tax-equivalency  payments  to  a trust shall have all rights provided by
      law, as if he were the owner of the real property with respect to  which
      he is required to make such payments, to contest in whole or in part any
      assessment or revised assessment of the value of such real property, and
      each such owner shall be deemed to be a person aggrieved for purposes of
      this subdivision.
    
        5.  Subject  to  any  agreement  with holders of its notes or bonds, a
      trust may enter into an agreement to pay or cause to be paid,  by  means
      which may include an agreement with a participating cultural institution
      in  a municipality or a not-for-profit cultural institution in a county,
      a  developer  or  an  owner,  annual  sums  in  lieu  of  taxes  to  any
      municipality or political subdivision of the state, in  respect  of  any
      real property which is exempt from taxation pursuant to section 20.33 of
      this   article   and  is  located  in  such  municipality  or  political
      subdivision, or the special law creating a trust may  provide  for  such
      payments in lieu of taxes.