Section 1296. Exemption from taxation; payments in lieu of taxes  


Latest version.
  • It is
      hereby  found,  determined  and  declared  that  the  creation  of   the
      corporation  and the carrying out of its purposes is in all respects for
      the benefit of the  people  of  the  state  of  New  York  and  for  the
      improvement  of  their  health,  welfare  and prosperity and is a public
      purpose, and that  the  corporation  will  be  performing  an  essential
      governmental function in the exercise of the powers conferred upon it by
      this  title.  1.  Real property owned by the corporation shall be exempt
      from taxation, special ad valorem levies and special assessments.
        2. Real  property  owned  by  the  corporation  (1)  used  for  or  in
      connection  with  any  project or projects, (2) which is located outside
      the boundaries of the contracting municipality  or  municipalities,  and
      (3) which was subject to taxation, special ad valorem levies, or special
      assessments  on  the  latest assessment roll finally completed, verified
      and filed preceding the date of acquisition thereof by  the  corporation
      shall be subject to payments in lieu of taxes, special ad valorem levies
      and  special  assessments  by  the  corporation  in  accordance with the
      provisions of this section.
        3. The in lieu payments shall be computed and determined  annually  by
      the state board of real property services as follows:
        (a)  determine  the  full  value of such property as of the applicable
      taxable status date for the assessment role for which in  lieu  payments
      are being computed;
        (b)  determine  the  full  value  of  such property as of such taxable
      status date attributable to improvements constructed or reconstructed by
      the corporation;
        (c) deduct item (b) from item (a);
        (d) multiply the full value determined in item (c)  by  the  ratio  of
      assessed  value  to  full value of other property on the same assessment
      roll;
        (e) the result determined in item (d) shall be the  approved  assessed
      valuation  for  such  property. The determinations of the full value and
      the ratio of assessed value to full value shall  be  determined  by  the
      state board.
        4. Application for an approved assessed valuation shall be made by the
      assessor  of  the  assessing unit within which such property is located.
      Application shall be made as soon as practicable  after  acquisition  of
      such  property  by  the  corporation. The application shall be made on a
      form approved by the state board of real  property  services  and  shall
      contain such information as such board shall require.
        5.  Upon  approval  of  such  application by the state board the state
      board shall certify such approved assessed valuation  to  the  assessing
      unit  and  to  the corporation. The approved assessed valuation shall be
      entered by the assessor or other local official on the  assessment  roll
      with the notation that such property is exempt from taxation, special ad
      valorem  levies  and  special  assessments but qualifies for payments in
      lieu of  taxes,  special  ad  valorem  levies  and  special  assessments
      pursuant  to  this  section.  The  approved  assessed valuation shall be
      treated for all purposes as taxable assessed valuation and taxable  full
      valuation  on the assessment roll for which it is made. Amounts shall be
      extended against such approved assessed valuation in the same manner and
      at the same  time  as  taxes,  special  ad  valorem  levies  or  special
      assessments  are  extended  against  taxable  property.  The appropriate
      collecting officer shall transmit a statement of the amounts computed as
      payable as in lieu of taxes,  special  ad  valorem  levies  and  special
      assessments to the corporation. The provisions of any general or special
      law  relating  to  the  collection and enforcement of taxes shall not be
      applicable to property subject to the provisions of this section.
    
        6.  The  terms  "taxation,"  "special  ad  valorem  levies,"  "special
      assessments"  and  "assessing  unit" shall have the same meanings as set
      forth in section one hundred two of the real property tax law.
        7.  Notwithstanding  any provision to the contrary in this section, in
      view of the costs of governmental  services  being  provided  by  public
      corporations, as defined in the general corporation law, the corporation
      may pay or may enter into agreements with any public corporation to pay,
      a sum or sums, annually or otherwise, or to provide other considerations
      to  such  public  corporation with respect to real property owned by the
      corporation within the boundaries of such public  corporation  and  used
      for any project or projects.
        8.  The corporation shall be required to pay no fees or taxes, whether
      state or local, including but not limited  to  fees  or  taxes  on  real
      estate,  franchise taxes, sales taxes or other excise taxes, upon any of
      its property, real or personal, or upon the use  thereof,  or  upon  its
      activities  in the operation and maintenance of its facilities or on any
      rentals, rates, charges or other fees, revenues or other income received
      by the corporation and that the bonds and notes of the  corporation  and
      the  income therefrom shall at all times be exempt from taxation, except
      for gift and estate taxes and taxes on transfers. Nothing  contained  in
      this  subdivision shall affect the obligation imposed by this section on
      the corporation to make in lieu payments.
        9. This section shall constitute a covenant  and  agreement  with  the
      holders of all bonds and notes issued by the corporation.