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H0487aa.............................................by REVENUE AND TAXATION PROPERTY TAX - AGRICULTURAL LAND - Amends existing law to provide that land five acres or less which is being classified as actively devoted to agriculture for property tax purposes must be contiguous; and to define "contiguous." 01/25 House intro - 1st rdg - to printing 01/28 Rpt prt - to Rev/Tax 02/26 Rpt out - to Gen Ord 02/28 Rpt out amen - to engros 03/01 Rpt engros - 1st rdg - to 2nd rdg as amen 03/04 2nd rdg - to 3rd rdg as amen 03/05 3rd rdg as amen - PASSED - 67-0-3 AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Bruneel, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Hornbeck, Jaquet, Jones, Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- None Absent and excused -- Callister, Higgins, Montgomery Floor Sponsor - Stevenson Title apvd - to Senate 03/06 Senate intro - 1st rdg - to Loc Gov 03/11 Rpt out - rec d/p - to 2nd rdg 03/12 2nd rdg - to 3rd rdg 03/15 3rd rdg - PASSED - 32-0-3 AYES -- Andreason, Boatright, Branch Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Williams NAYS -- None Absent and excused -- Hawkins, Noh, Wheeler Floor Sponsor - Ipsen Title apvd - to House 03/15 To enrol Rpt enrol - Sp signed - Pres signed 03/18 To Governor 03/19 Governor signed Session Law Chapter 93 Effective: 01/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 487 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO PROPERTY TAXATION; AMENDING SECTION 63-604, IDAHO CODE, TO PROVIDE 3 THAT LAND FIVE ACRES OR LESS WHICH IS BEING CLASSIFIED AS ACTIVELY DEVOTED 4 TO AGRICULTURE MUST BE CONTIGUOUS AND TO MAKE TECHNICAL CORRECTIONS; 5 AMENDING SECTION 63-201, IDAHO CODE, TO PROVIDE A DEFINITION OF CONTIGU- 6 OUS; AMENDING SECTION 63-510, IDAHO CODE, TO PROVIDE A CORRECT CITATION; 7 AMENDING SECTION 63-1703, IDAHO CODE, TO PROVIDE A CORRECT CITATION; 8 DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 63-604, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 63-604. LAND ACTIVELY DEVOTED TO AGRICULTURE DEFINED. (1) For property 13 tax purposes, land which is actively devoted to agriculture as part of an 14 agricultural enterprise shall be eligible for appraisal, assessment and taxa- 15 tion as agricultural property each year it meets one (1) or more of the fol- 16 lowing qualifications: 17 (a) The total area of such land, including the homesite, is more than 18 five (5) contiguous acres, and is actively devoted to agriculture which 19 means: 20 (i) It is used to produce field crops including, but not limited 21 to, grains, feed crops, fruits and vegetables; or 22 (ii) It is used to produce nursery stock as defined in section 23 22-2302(11), Idaho Code; or 24 (iii) It is used by the owner for the grazing of livestock to be sold 25 as part of a net profit-making enterprise, or is leased by the owner 26 to a bona fide lessee for grazing purposes; or 27 (iv) It is in a cropland retirement or rotation program. 28 (b) The area of such land is five (5) contiguous acres or less and such 29 land has been actively devoted to agriculture within the meaning of sub- 30 section (1)(a) of this section during the last three (3) growing seasons; 31 and 32 (i) It agriculturally produces for sale or home consumption the 33 equivalent of fifteen percent (15%) or more of the owner's'or 34 lessee's'annual gross income; or 35 (ii) It agriculturally produced gross revenues in the immediately 36 preceding year of one thousand dollars ($1,000) or more. When the 37 area of land is five (5) contiguous acres or less, such land shall be 38 presumed to be nonagricultural land until it is established that the 39 requirements of this subsection have been met. 40 (2) Land shall not be classified or valued as agricultural land which is 41 part of a platted subdivision with stated restrictions prohibiting its use for 42 agricultural purposes, whether within or without a city. 43 (3) Land utilized for the grazing of a horse or other animals kept pri- 2 1 marily for personal use or pleasure rather than as part of a bona fide profit- 2 making agricultural enterprise shall not be considered to be land which is 3 actively devoted to agriculture. 4 (4) Land actively devoted to agriculture, having previously qualified for 5 exemption under this section in the preceding year, or which would have quali- 6 fied under this section during the current year, shall not lose such qualifi- 7 cation due to the owner's or lessee's absence in the current year by reason 8 of active military service in a designated combat zone, as defined in section 9 112 of the Internal Revenue Code. If an owner fails to timely apply for exemp- 10 tion as required in this section solely by reason of active duty in a desig- 11 nated combat zone, as defined in section 112 of the Internal Revenue Code, and 12 the land would otherwise qualify for exemption under this section, then the 13 board of county commissioners of the county in which the land actively devoted 14 to agriculture is located shall refund property taxes, if previously paid, in 15 an amount equal to the exemption which would otherwise have applied. 16 SECTION 2. That Section 63-201, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 63-201. DEFINITIONS. As used for property tax purposes in title 63, chap- 19 ters 1 through 23, Idaho Code, the terms defined in this section shall have 20 the following meanings, unless the context clearly indicates another meaning: 21 (1) "Appraisal" means an estimate of property value for property tax pur- 22 poses. 23 (a) For the purpose of estimated property value to place the value on any 24 assessment roll, the value estimation must be made by the assessor or a 25 certified property tax appraiser. 26 (b) For the purpose of estimating property value to present for an appeal 27 filed pursuant to sections 63-501A, 63-407 and 63-409, Idaho Code, the 28 value estimation may be made by the assessor, a certified property tax 29 appraiser, a licensed appraiser, or a certified appraiser or any party as 30 specified by law. 31 (2) "Bargeline" means those water transportation tugs, boats, barges, 32 lighters and other equipment and property used in conjunction with waterways 33 for bulk transportation of freight or ship assist. 34 (3) "Cogenerators" means facilities which produce electric energy, and 35 steam or forms of useful energy which are used for industrial, commercial, 36 heating or cooling purposes. 37 (4) "Collection costs" are amounts authorized by law to be added after 38 the date of delinquency and collected in the same manner as property tax. 39 (5) "Contiguous" means being in actual contact or touching along a bound- 40 ary or at a point. 41 (6) "Delinquency" means any property tax, special assessment, fee, col- 42 lection cost, or charge collected in the same manner as property tax, that has 43 not been paid in the manner and within the time limits provided by law. 44 (67) "Improvements" means all buildings, structures, fixtures and fences 45 erected upon or affixed to the land, and all fruit, nut-bearing and ornamental 46 trees or vines not of natural growth, growing upon the land, except nursery 47 stock. 48 (78) "Late charge" means a charge of two percent (2%) of the delinquency. 49 (89) "Lawful money of the United States" means currency and coin of the 50 United States at par value and checks and drafts which are payable in dollars 51 of the United States at par value, payable upon demand or presentment. 52 (910) "Manufactured home" means a structure defined as a manufactured home 53 in section 39-4105, Idaho Code. 3 1 (101) "Market value" means the amount of United States dollars or equiva- 2 lent for which, in all probability, a property would exchange hands between a 3 willing seller, under no compulsion to sell, and an informed, capable buyer, 4 with a reasonable time allowed to consummate the sale, substantiated by a rea- 5 sonable down or full cash payment. 6 (112) "Operating property" means all rights-of-way accompanied by title; 7 roadbeds; tracks; pipelines; bargelines; equipment and docks; terminals; 8 rolling stock; equipment; power stations; power sites; lands; reservoirs, gen- 9 erating plants, transmission lines, distribution lines and substations; and 10 all immovable or movable property operated in connection with any public util- 11 ity, railroad or private railcar fleet, wholly or partly within this state, 12 and necessary to the maintenance and operation of such road or line, or in 13 conducting its business, and shall include all title and interest in such 14 property, as owner, lessee or otherwise. The term does not include personal 15 property exempt from taxation pursuant to section 63-602L, Idaho Code. 16 (123) "Party in interest" means a person who holds a properly recorded 17 mortgage, deed of trust or security interest. 18 (134) "Person" means any entity, individual, corporation, partnership, 19 firm, association, limited liability company, limited liability partnership or 20 other such entities as recognized by the state of Idaho. 21 (145) "Personal property" includes all goods, chattels, stocks and bonds, 22 equities in state lands, easements, reservations, leasehold real properties 23 and all other property which the law defines, or the courts may interpret, 24 declare and hold to be personal property under the letter, spirit, intent and 25 meaning of the law, for the purposes of property taxation. For the purposes of 26 payment and collection of property taxes pursuant to chapter 9, title 63, 27 Idaho Code, collection of delinquency pursuant to chapter 10, title 63, Idaho 28 Code, and seizure and sale of personal property for taxes pursuant to chapter 29 11, title 63, Idaho Code, personal property includes manufactured homes not 30 declared as real property pursuant to section 63-304, Idaho Code. 31 (156) "Private railcar fleet" means railroad cars or locomotives owned by, 32 leased to, occupied by or franchised to any person other than a railroad com- 33 pany operating a line of railroad in Idaho or any company classified as a 34 railroad by the interstate commerce commission and entitled to possess such 35 railroad cars and locomotives except those possessed solely for the purpose of 36 repair, rehabilitation or remanufacturing of such locomotives or railroad 37 cars. 38 (167) "Public utility" means electrical companies, pipeline companies, 39 natural gas distribution companies, or power producers included within federal 40 law, bargelines, and water companies which are under the jurisdiction of the 41 Idaho public utilities commission. The term also includes telephone corpora- 42 tions, as that term is defined in section 62-603, Idaho Code, except as here- 43 inafter provided, whether or not such telephone corporation has been issued a 44 certificate of convenience and necessity by the Idaho public utilities commis- 45 sion. 46 This term does not include cogenerators, mobile telephone service or com- 47 panies, nor does it include pager service or companies, except when such ser- 48 vices are an integral part of services provided by a certificated utility com- 49 pany nor does the term "public utility" include companies or persons engaged 50 in the business of providing solely on a resale basis, any telephone or tele- 51 communication service which is purchased from a telephone corporation or com- 52 pany. 53 (178) "Railroad" means every kind of railway, whether its line of rails or 54 tracks be at, above or below the surface of the earth, and without regard to 55 the kind of power used in moving its rolling stock, and shall be considered to 4 1 include every kind of street railway, suburban railway or interurban railway 2 excepting facilities established solely for maintenance and rebuilding of 3 railroad cars or locomotives. 4 (189) "Real property" means land, and all standing timber thereon, includ- 5 ing standing timber owned separately from the ownership of the land upon 6 which the same may stand, except as modified in chapter 17, title 63, Idaho 7 Code, and all buildings, structures and improvements, or other fixtures of 8 whatsoever kind on land, including water ditches constructed for mining, manu- 9 facturing or irrigation purposes, water and gas mains, wagon and turnpike toll 10 roads, and toll bridges, and all rights and privileges thereto belonging, or 11 any way appertaining, all quarries and fossils in and under the land, and all 12 other property which the law defines, or the courts may interpret, declare and 13 hold to be real property under the letter, spirit, intent and meaning of the 14 law, for the purposes of property taxation. Manufactured homes constitute real 15 property when located on taxable land, and after a statement of intent to 16 declare as real property has been recorded, provided said statement has not 17 been revoked. Timber, forest, forest land, and forest products shall be 18 defined as provided in chapter 17, title 63, Idaho Code. 19 (1920) "Record owner" means the person or persons in whose name or names 20 the property stands upon the records of the county recorder's office. Where 21 the record owners are husband and wife at the time of notice of pending issue 22 of tax deed, notice to one (1) shall be deemed and imputed as notice to the 23 other spouse. 24 (201) "Special assessment" means a charge imposed upon property for a spe- 25 cific purpose, collected and enforced in the same manner as property taxes. 26 (212) "System value" means the market value for assessment purposes of the 27 operating property when considered as a unit. 28 (223) "Tax code area" means a geographical area made up of one (1) or more 29 taxing districts with one (1) total levy within the geographic area, except as 30 otherwise provided by law. 31 (234) "Taxing district" means any entity or unit with the statutory 32 authority to levy a property tax. 33 (245) "Taxable value" means market value for assessment purposes, less 34 applicable exemptions or other statutory provisions. 35 (256) "Transient personal property" is personal property, specifically 36 such construction, logging or mining machinery and equipment which is kept, 37 moved, transported, shipped, hauled into or remaining for periods of not less 38 than thirty (30) days, in more than one (1) county in the state during the 39 same year. 40 (267) "Warrant of distraint" means a warrant ordering the seizure of per- 41 sonal property to enforce payment of property tax, special assessment, 42 expense, fee, collection cost or charge collected in the same manner as per- 43 sonal property tax. 44 SECTION 3. That Section 63-510, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 63-510. NOTIFICATION OF VALUATION DUE TO STATE TAX COMMISSION. (1) Prior 47 to the first Monday of August the auditor of each county in the state shall 48 notify the state tax commission of the net taxable value of all property situ- 49 ated within each taxing unit or district in the county from the property roll 50 for the current year and shall provide an estimate of the net taxable value 51 for each taxing unit or district from the current year's estimated subsequent 52 and missed property rolls. Such notification shall also include an estimate of 53 the net taxable value within any area annexed during the immediate prior year 5 1 to any taxing unit or district. 2 (2) Prior to the first Monday of March the auditor of each county in the 3 state shall notify the state tax commission of the net taxable value of all 4 property situated within each taxing unit or district in the county from the 5 subsequent and missed property rolls. Such notification shall also include an 6 estimate of the net taxable value within any area annexed during the immediate 7 prior year, and listed on the subsequent or missed property roll, to any tax- 8 ing unit or district. 9 (3) The notification required in subsections (1) and (2) of this section 10 shall be on forms prescribed and provided by the state tax commission and 11 shall list separately the value exempt from property taxation in accordance 12 with section 63-602G, Idaho Code, and the value in excess of the equalized 13 assessment valuation as shown on the base assessment roll in any revenue allo- 14 cation area, pursuant to chapters 20 and 29, title 50, Idaho Code. 15 (4) For the purposes of this section, "taxing district," as defined in 16 section 63-201(224), Idaho Code, shall include each incorporated city in each 17 county, regardless of whether said city certifies a property tax budget. 18 SECTION 4. That Section 63-1703, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 63-1703. CERTAIN FOREST LANDS TO BE DESIGNATED FOR TAXATION BY OWNER -- 21 LIMITATIONS. For the purposes of appraisal, assessment and taxation under the 22 provisions of this chapter, all forest lands in parcels of five (5) or more 23 acres but less than five thousand (5,000), whether contiguous or not, as long 24 as such parcels are held in common ownership, must be designated by the forest 25 landowner to be subject to the provisions of either subsection (a) or (b) of 26 this section. A forest landowner cannot have parcels designated under the pro- 27 visions of both subsections (a) and (b) of this section at one (1) time. If 28 the forest landowner fails to make a designation, his forest lands shall be 29 subject to appraisal, assessment and taxation under the provisions of section 30 63-1702, Idaho Code. Once a designation is made by the forest landowner, such 31 designation must remain in effect until the designation period expires, unless 32 the forest lands are transferred to another owner using a different taxing 33 category; in such case, the taxing category of the transferred forest lands 34 shall be the same as that maintained by the new owner. 35 A forest landowner may change the designation of all forest lands in com- 36 mon ownership at the end of any designation period, subject to the recapture 37 of any deferred taxes due as a result of such change. After January 1 and by 38 December 31 of the tenth year of each designation period the forest landowner 39 must notify the county assessor of any change in forest land designation. 40 Failure to notify the county assessor will result in the continuation of the 41 landowner's present designation until the end of the next designation period. 42 Any substantial change in the use of forest lands not conforming with the 43 definition of forest land in section 63-1701, Idaho Code, during such ten (10) 44 year period under the designations made in subsection (a) or (b) shall be 45 reported by the landowner to the county assessor within thirty (30) days of 46 the change in use. Upon notification of the change in use, the assessor shall 47 appraise, assess and tax those acres as provided by applicable laws and rules. 48 Failure to notify the assessor of the change in use when forest lands have 49 been designated as subject to the provisions of subsection (a) or (b) shall 50 cause forfeiture of such designation, and cause that property to be appraised, 51 assessed and taxed as provided in section 63-1702, Idaho Code. 52 Forest lands designated for assessment pursuant to the provisions of sec- 53 tion 63-1706, Idaho Code, shall be subject to the recapture of deferred taxes 6 1 upon removal of such designation, a substantial change in use, or ownership 2 transfer, except that there shall be no recapture initiated upon ownership 3 transfer of forest lands designated as subject to the provisions of section 4 63-1706, Idaho Code, to a landowner with forest lands already designated as 5 subject to the provisions of section 63-1706, Idaho Code, prior to the trans- 6 fer, or who so designates his lands to be subject to the provisions of section 7 63-1706, Idaho Code. 8 The dollar amount of deferred taxes subject to recapture shall be deter- 9 mined by the county assessor by applying current tax levies against the cur- 10 rent values that would have been in effect if the lands were subject to 11 appraisal and assessment during the current year under the provisions of sec- 12 tion 63-1705, Idaho Code, if there has been a change in ownership or a removal 13 of designation, or section 63-1702, Idaho Code, if there has been a change in 14 use with no change in ownership, which amount shall be multiplied by the num- 15 ber of years that the lands have been subject to the designation under section 16 63-1706, Idaho Code. The amount of the deferred tax shall accrue through des- 17 ignation periods, up to a maximum of ten (10) years, and shall apply to the 18 most recent ten (10) years in which the parcel has been designated under the 19 provisions of section 63-1706, Idaho Code. A credit shall be allowed for taxes 20 actually paid under the provisions of section 63-1706, Idaho Code, for an 21 identical ten (10) year period, up to the total amount of the deferred taxes. 22 All deferred amounts shall be a lien against the land. Deferred tax amounts 23 shall be calculated by the county assessor on forms prescribed by the state 24 tax commission. Deferred tax amounts shall be supplied by the county assessor 25 to the county treasurer by May 15 of the year following conveyance or within 26 thirty (30) days of removal of designation, or of learning of a change in use. 27 All deferred tax amounts shall be due and payable to the county treasurer on 28 demand and shall become delinquent if not paid by the demand due date speci- 29 fied by the county treasurer on the forms prescribed by the state tax commis- 30 sion. If the deferred tax is not paid as provided above, the payment becomes 31 delinquent and subject to late charges, and interest in the amounts provided 32 in sections 63-201(68) and 63-1001, Idaho Code, and subject to collection in 33 the manner as set forth in chapter 10, title 63, Idaho Code. Estimated 34 deferred tax amounts may be held by the county treasurer in a tax anticipation 35 account from the date of conveyance until June 1 of the year following convey- 36 ance. 37 The county treasurer shall cause the deferred taxes and any penalty and 38 interest paid pursuant to the provisions of this section to be apportioned to 39 the various taxing authorities within which the property subject to the tax is 40 located in the same manner as property taxes. 41 (a) A forest landowner may choose to have his forest land assessed, 42 appraised and taxed under the provisions of section 63-1705, Idaho Code, by 43 filing such choice with the county assessor on a form prescribed by the state 44 tax commission. Designation filed pursuant to section 63-1705, Idaho Code, 45 shall become effective the first day of January following the year of designa- 46 tion. 47 (b) A forest landowner may choose to have his forest land assessed, 48 appraised and taxed under the provisions of section 63-1706, Idaho Code, by 49 filing such choice with the county assessor on a form prescribed by the state 50 tax commission. Designation filed pursuant to section 63-1706, Idaho Code, 51 shall become effective the first day of January following the year of designa- 52 tion. 53 (c) All forest products or timber harvested from investment lands not 54 designated as subject to the provisions of section 63-1702, 63-1705 or 55 63-1706, Idaho Code, and delivered to a point of utilization as logs or 7 1 semiprocessed forest products (except those forest products harvested for the 2 domestic use of the landowner under the provisions of section 63-1708, Idaho 3 Code) shall be subject to the yield tax at the time of harvest in the same 4 manner provided for in section 63-1706, Idaho Code. 5 SECTION 5. An emergency existing therefor, which emergency is hereby 6 declared to exist, this act shall be in full force and effect on and after its 7 passage and approval, and retroactively to January 1, 2002.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002Moved by Mader Seconded by Gould IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENTS TO H.B. NO. 487 1 AMENDMENT TO SECTION 1 2 On page 2 of the printed bill, following line 15, insert: 3 "(5) As used in this section "contiguous" shall mean being in actual con- 4 tact or touching along a boundary or at a point, except no area of land shall 5 be considered not contiguous solely by reason of a roadway or other right-of- 6 way.". 7 AMENDMENTS TO THE BILL 8 On page 2, delete lines 16 through 53; delete all of pages 3, 4, 5 and 6; 9 on page 7, delete lines 1 through 4; and in line 5, delete "SECTION 5." and 10 insert: "SECTION 2.". 11 CORRECTIONS TO TITLE 12 On page 1, in line 4, following "CONTIGUOUS" insert: ", TO PROVIDE A DEFI- 13 NITION OF "CONTIGUOUS""; and delete lines 5 through 7.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 487, As Amended BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO PROPERTY TAXATION; AMENDING SECTION 63-604, IDAHO CODE, TO PROVIDE 3 THAT LAND FIVE ACRES OR LESS WHICH IS BEING CLASSIFIED AS ACTIVELY DEVOTED 4 TO AGRICULTURE MUST BE CONTIGUOUS, TO PROVIDE A DEFINITION OF "CONTIGUOUS" 5 AND TO MAKE TECHNICAL CORRECTIONS; DECLARING AN EMERGENCY AND PROVIDING 6 RETROACTIVE APPLICATION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 63-604, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 63-604. LAND ACTIVELY DEVOTED TO AGRICULTURE DEFINED. (1) For property 11 tax purposes, land which is actively devoted to agriculture as part of an 12 agricultural enterprise shall be eligible for appraisal, assessment and taxa- 13 tion as agricultural property each year it meets one (1) or more of the fol- 14 lowing qualifications: 15 (a) The total area of such land, including the homesite, is more than 16 five (5) contiguous acres, and is actively devoted to agriculture which 17 means: 18 (i) It is used to produce field crops including, but not limited 19 to, grains, feed crops, fruits and vegetables; or 20 (ii) It is used to produce nursery stock as defined in section 21 22-2302(11), Idaho Code; or 22 (iii) It is used by the owner for the grazing of livestock to be sold 23 as part of a net profit-making enterprise, or is leased by the owner 24 to a bona fide lessee for grazing purposes; or 25 (iv) It is in a cropland retirement or rotation program. 26 (b) The area of such land is five (5) contiguous acres or less and such 27 land has been actively devoted to agriculture within the meaning of sub- 28 section (1)(a) of this section during the last three (3) growing seasons; 29 and 30 (i) It agriculturally produces for sale or home consumption the 31 equivalent of fifteen percent (15%) or more of the owner's'or 32 lessee's'annual gross income; or 33 (ii) It agriculturally produced gross revenues in the immediately 34 preceding year of one thousand dollars ($1,000) or more. When the 35 area of land is five (5) contiguous acres or less, such land shall be 36 presumed to be nonagricultural land until it is established that the 37 requirements of this subsection have been met. 38 (2) Land shall not be classified or valued as agricultural land which is 39 part of a platted subdivision with stated restrictions prohibiting its use for 40 agricultural purposes, whether within or without a city. 41 (3) Land utilized for the grazing of a horse or other animals kept pri- 42 marily for personal use or pleasure rather than as part of a bona fide profit- 43 making agricultural enterprise shall not be considered to be land which is 2 1 actively devoted to agriculture. 2 (4) Land actively devoted to agriculture, having previously qualified for 3 exemption under this section in the preceding year, or which would have quali- 4 fied under this section during the current year, shall not lose such qualifi- 5 cation due to the owner's or lessee's absence in the current year by reason 6 of active military service in a designated combat zone, as defined in section 7 112 of the Internal Revenue Code. If an owner fails to timely apply for exemp- 8 tion as required in this section solely by reason of active duty in a desig- 9 nated combat zone, as defined in section 112 of the Internal Revenue Code, and 10 the land would otherwise qualify for exemption under this section, then the 11 board of county commissioners of the county in which the land actively devoted 12 to agriculture is located shall refund property taxes, if previously paid, in 13 an amount equal to the exemption which would otherwise have applied. 14 (5) As used in this section "contiguous" shall mean being in actual con- 15 tact or touching along a boundary or at a point, except no area of land shall 16 be considered not contiguous solely by reason of a roadway or other right-of- 17 way. 18 SECTION 2. An emergency existing therefor, which emergency is hereby 19 declared to exist, this act shall be in full force and effect on and after its 20 passage and approval, and retroactively to January 1, 2002.
STATEMENT OF PURPOSE RS 11693 Amends section 63-604 to clarify the contiguity requirement for land of more than five acres as a qualifying factor for land actively devoted to agriculture. Amends Section 63-201 to provide a definition of contiguous. FISCAL IMPACT Fiscal impact minimal to counties. Contact Name: Representative Stevenson Phone: 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 488