2006 New York Code - 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.