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(D) Transferred to a trustee for the beneficial use of a spouse, or the surviving <br /> spouse of a deceased transferor, or by a trustee of such a trust to the <br /> spouse of the trustor, <br /> (E) Subject to a title change between spouses and said change does not result <br /> in a loss of the home exemption status, <br /> (F) And the heirs, surviving spouse, divorced spouse, or trustee, within sixty <br /> days after receiving title to the property, petitions the director, in writing, <br /> to continue the dedication and the property continues to qualify for the <br /> home exemption as defined in sections 19-71 and 19-72, <br /> (G) The dedication shall not be cancelled if the lessee purchases the leased fee <br /> interest from the lessor. <br /> (2) Provided further that, except as provided herein, retroactive taxes shall not be <br /> assessed when: <br /> (A) A person receives title to property dedicated to nonspeculative residential <br /> use by ways of testacy or intestacy and does not petition the director to <br /> continue the dedication as provided in section 19-58.1(f)(1)(A). <br /> (B) The dedicated property is jointly owned by spouses and upon the death of <br /> one spouse, ownership is transferred to the surviving spouse, and the <br /> surviving spouse does not petition the director to continue the dedication <br /> as provided in section 19-58.1(f)(1)(B). <br /> (C) The property is wholly or partially destroyed or damaged as a result of <br /> fire, seismic or tidal wave, volcanic eruption, earthquake, flood waters and <br /> wind or rain storm. <br /> The owner may cancel the dedication for the reasons enumerated in <br /> paragraph (2)(C) by submitting written notice of the cancellation within sixty days of the <br /> damage or destruction. Cancellations shall become effective July 1 of the next tax year, <br /> and the property shall be assessed in accordance with section 19-53(a). <br /> (g) The director shall prescribe the form of the petition. The petition shall be filed with the <br /> director by September 1 of any calendar year and shall be approved or disapproved <br /> December 15 of that year. <br /> (h) Upon approval, the dedication shall become effective July 1 of the following tax year. In <br /> determining the assessed value, the market value shall be determined as required in <br /> section 19-53(a). The owner may appeal any disapproved petition or cancellation of <br /> dedication as in the case of an appeal from an assessment. <br /> <br /> ii) Those parcels which are presently under a ten year dedication period will continue their <br /> existin¢ dedications unless a new application for the five year dedication is made <br /> pursuant to this section and received by the director by September 1 of the year following <br /> enactment. <br /> <br />