N.Y. ACA Law § 20.13 — New York Code / Act ACA / Title E / Article 20 / Section 20.13
Special powers of a trust
Status: in_force

§ 20.13. Special powers of a trust.  1. A trust shall have such\nspecial powers with respect to assisting participating cultural\ninstitutions or other not-for-profit cultural organizations as are\nprovided by special law; provided, that a trust may not develop or cause\nto be developed a combined-use facility for use or occupancy by a\nparticipating cultural institution unless (i) in a municipality such\ninstitution shall have had average annual admissions of at least five\nhundred thousand persons as shown on the records of such institution for\na period of at least five years prior to either the effective date of\nthis article or the date on which a trust first enters into an agreement\nfor the development of a combined-use facility for the use or occupancy\nby such institution, (ii) in a city having a population of one hundred\ntwenty-five thousand or more, such institution shall have had average\nannual admissions of at least fifty thousand persons as shown on the\nrecords of such institution for such period and (iii) in any other city,\nsuch institution shall have such minimum average annual admissions as\nare set forth in the special law creating a trust; provided, however,\nwith respect to a participating cultural institution that is a public\ntelevision station with respect to which a trust entered an agreement\nprior to January first, nineteen hundred ninety the foregoing shall not\napply and provided further that the decision of the trust in determining\nsuch average annual admissions shall be final.\n  2. A trust may not acquire real property by condemnation, unless\notherwise provided by special law.\n  3. For so long as any real property, consisting of all or any part of\nthe non-institutional portion of a combined-use facility or in or on\nwhich all or any part of such portion prior to completion is designed to\nbe and upon completion is developed shall be exempt from real property\ntaxation pursuant to section 20.33 of this article, the owners from time\nto time of such real property shall pay to the trust which has developed\nor approved the developer of such facility, annual or other periodic\namounts, as tax-equivalency payments, at least equal to the real\nproperty taxes that would have otherwise been paid or payable in respect\nof such real property; provided, however, that the special law creating\na trust may provide a method for calculating such real property taxes\nfor purposes of determining the amount of such tax-equivalency payments;\nand provided further that the special law creating a trust shall specify\nthe purposes for which the trust shall use or expend such\ntax-equivalency payments, the means for enforcing such payments and the\npriorities in favor of a trust in connection with such enforcement.\n  4. A trust and the participating cultural institution with which the\ntrust has entered into an agreement for the development of a\ncombined-use facility, any facility for a not-for-profit cultural\norganization or a public television facility prior to January first,\nnineteen hundred ninety shall each have all rights provided by law, as\nif each were the owner of such facility and the real property in or on\nwhich such facility is or is designed to be developed, to contest in\nwhole or in part any assessment or revised assessment of the value of\nsuch facility and property, or any portion thereof, by appropriate legal\nproceedings, and for purposes of this subdivision four, each shall be\ndeemed to be a person aggrieved. Each owner required to make\ntax-equivalency payments to a trust shall have all rights provided by\nlaw, as if he were the owner of the real property with respect to which\nhe is required to make such payments, to contest in whole or in part any\nassessment or revised assessment of the value of such real property, and\neach such owner shall be deemed to be a person aggrieved for purposes of\nthis subdivision.\n  5. Subject to any agreement with holders of its notes or bonds, a\ntrust may enter into an agreement to pay or cause to be paid, by means\nwhich may include an agreement with a participating cultural institution\nin a municipality or a not-for-profit cultural institution in a county,\na developer or an owner, annual sums in lieu of taxes to any\nmunicipality or political subdivision of the state, in respect of any\nreal property which is exempt from taxation pursuant to section 20.33 of\nthis article and is located in such municipality or political\nsubdivision, or the special law creating a trust may provide for such\npayments in lieu of taxes.\n