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N.Y. Pub. Auth. Law § 1020-q

Payments in lieu of taxes

Applied in 2 court decisions — leading case Board of Educ. of the Northport-E. Northport Union Free Sch. Dist. v. Long Is. Power Auth. (2018)

Most recently applied in Town of Huntington v. Long Is. Power Auth. (August 2018)

2014-09-22

* § 1020-q. Payments in lieu of taxes. 1. Each year after property\ntheretofore owned by LILCO is acquired by the authority by any means\nauthorized by this title and, as a consequence, is removed from the tax\nrolls, the authority shall make payments in lieu of taxes to\nmunicipalities and school districts equal to the taxes and assessments\nwhich would have been received from year to year by each such\njurisdiction if such acquisition had not occurred, provided, however,\nthat for the calendar year starting on January first, two thousand\nfifteen, and for each calendar year thereafter, such payments in lieu of\ntaxes shall not exceed the in lieu of tax payments made to such\nmunicipalities and school districts in the immediately preceding year by\nmore than two percent.\n 2. The authority shall also make payments in lieu of taxes for those\ntaxes which would otherwise be imposed pursuant to sections one hundred\neighty-six-a and one hundred eighty-six-c of the tax law, and to former\nsection one hundred eighty-six-b of the tax law as such section was in\neffect on December thirty-first, nineteen hundred ninety-nine, and any\ntaxes imposed by a city pursuant to the authorization granted by section\ntwenty-b of the general city law.\n 3. No municipality or governmental subdivision, including a school\ndistrict or special district, shall be liable to the authority or any\nother entity for a refund of property taxes originally assessed against\nthe Shoreham plant. Any judicial determination that the Shoreham plant\nassessment was excessive, unequal or unlawful for any of the years from\nnineteen hundred seventy-six to the effective date of this title shall\nnot result in a refund by any taxing jurisdiction of taxes previously\npaid by LILCO pursuant to such Shoreham plant assessment. The authority\nshall discontinue and abandon all proceedings, brought by its\npredecessor in interest, which seek the repayment of all or part of the\ntaxes assessed against the Shoreham plant.\n * NB There are 2 § 1020-q's\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.