BIL 175 Draft 02 2002-2004 - Laserfiche WebLink

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government agency to urban or rural districts or upon the subdivision of the land into pazcels of less than five acres, provided that the defen•ed or rollback tax shall not apply if the owner has dedicated the land as provided in section 19-55 before the change in land use classification to urban or rural districts or subdivision of the land into pazcels of less than five acres, and fulfills all of the requirements of the dedication. The deferred or rollback tax shall commence from the date the conversion to urban or rural districts or into parcels less than five acres was made retroactive to the date the assessment was made pursuant to subsection (f) of this section but for not more than ten years. Any other provisions to the contrary notwithstanding, the deferred or rollback tax shall apply to a change in land use classification only if such change was made as a result of a petition by a property owner or lessee and shall apply only upon lands owned by the owner or lessee who has petitioned for the change in classification. The defen•ed or rollback tax shall not apply to lands owned by any owner or lessee who has not petitioned for the change in classification or where the change in classification or zoning is initiated by any government agency or instrumentality. The deferred or rollback tax shall be based on the difference in assessed value between the highest and best use and the agricultural use of the land, at the rate applicable for the respective years. All differences in the amount of taxes that were paid and those that would have been due from assessment in the higher use shall be payable with a ten percent penalty from the respective dates that these payments would have been due. The additional taxes and penalties due and owing shall be a paramount lien upon the property as provided for by this chapter. (A) Where the owner changes the land use classification or subdivides the land into parcels of less than five acres, the defen•ed or rollback tax shall be due and payable within sixty days of such conversion, subject to a ten percent penalty. If the owner has dedicated the land as provided in section 19-55 before the change in the land use classification or subdivision into parcels of less than five acres, and any owner of the dedicated land or subdivided parcels later breaches a condition of the dedication before its completion, deferred or rollback taxes shall be imposed on the subject parcel under section 19-55 and this section, retroactive from the end of the tax year in which the breach occurs. (B) In any case in which deferred or rollback taxes are imposed after successful completion of an agricultural dedication period, the deferred or rollback taxes shall be retroactive only to the end of the completed dedication period, and shall not be imposed for any time covered by a successful completed agricultural dedication period. In cases involving a breach of a ten-year dedication, or a rollback period of ten or fewer years for breach of a twenty-year dedication, the rollback taxes under this section shall be for a maximum total of ten years, including both the breached dedication rollback period and any period of nondedicated agricultural use assessment subject to rollback. Rollback taxes for any breach of dedication affecting more than ten years under atwenty-year