42 U.S.C. § 2208

Payments in lieu of taxes

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In order to render financial assistance to those States and localities in which the activities of the Commission are carried on, and in which the Commission has acquired property previously subject to State and local taxation, the Commission is authorized to make payments to State and local governments in lieu of property taxes. Such payments may be in the amounts, at the times, and upon the terms the Commission deems appropriate, but the Commission shall be guided by the policy of not making payments in excess of the taxes which would have been payable for such property in the condition in which it was acquired, except in cases where special burdens have been cast upon the State or local government by activities of the Commission, the Manhattan Engineer District or their agents. In any such case, any benefit accruing to the State or local government by reason of such activities shall be considered in determining the amount of the payment.

Notes of Decisions

Cited in 2 cases, 1959–1984 · leading case: United States v. Livingston, 179 F. Supp. 9 (E.D.S.C. 1959).

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United States v. Livingston, 179 F. Supp. 9 (E.D.S.C. 1959). · cites it 2× “…436 ; City of Detroit v. Murray Corporation, 355 U.S. 489 , 78 S.Ct. 458 , 2 L.Ed. 2d 441 . [23] 60 Stat. 765 , 42 U.S.C.A. § 2208 .”

Union Carbide Corp. v. Alexander, 679 S.W.2d 938 (Tenn. 1984). · cites it 2× “Two specific statutory provisions address this imbalance: Section 168 of the Atomic Energy Act of 1954, codified at 42 U.S.C. § 2208 (Payments in Lieu of Taxes), and Section 91 of the Atomic Energy Community Act of 1955, codified at 42 U.”

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