Title 46, Chapter 4, Section 98
( 46-4-98)
(a) It is found, determined, and declared that the creation of the
authority and the carrying out of its corporate purposes are in all
respects for the benefit of the people of this state and that the
authority is an institution of purely public charity performing an
essential governmental function. (b)(1) The property of the authority is declared, and shall in all
respects be considered, to be public property. Title to the
authority's property shall be held by the authority only for the
benefit of the public; and the use of such property pursuant to
this article shall be and is declared to be for essential public
and governmental purposes, that is, for the promotion of public
general welfare in the matter of providing an adequate,
dependable, and economical gas supply in an effort to better the
general condition of society in this state, which promotion is
declared to be a public beneficence for the good of humanity and
for the general improvement and happiness of society. (2)(A) It is recognized, however, that removal from local tax
digests of the value of all property owned by the authority
might impose an unfair burden on many taxpayers whose property
is taxable. In the interest of weighing these benefits and
concerns and arriving at an equitable policy regarding treatment
of authority property, the General Assembly finds and declares
that equity requires that the authority should rightfully make
payments in lieu of taxes so that the authority may fulfill its
good and public purposes without incidental harm to the state's
local governments. (B) The authority shall make payments in lieu of taxes on its
tangible property as provided in this Code section. It shall
file a return within the same time and in the same form and
manner as public utilities. The taxing authorities shall assess
the tangible property of the authority which is made subject by
this Code section to payments in lieu of taxes in accordance
with the law and procedures applicable to public utilities and
shall apply to such assessments in each year in which any such
payments are due the appropriate millage levies of the state and
of the political subdivisions in which such property is located
in order to arrive at the amounts of the respective payments in
lieu of taxes. The authority shall be notified of the amounts
of the payments in lieu of taxes due and shall pay such amounts
to the state and its respective political subdivisions within
the time in which payments of taxes by public utilities are
allowed or required. (c) Except as specifically provided for in this Code section for
payments in lieu of taxes, all property of the authority, all
income, obligations, and interest on the bonds and notes of the
authority, and all transfers of such property, bonds, or notes shall
be and are declared to be exempt from taxation by the state or any
of its political subdivisions. |