BIL 126 Draft 01 2014-2016 - Laserfiche WebLink

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(4) The additional taxes and penalties due and owing shall be a paramount lien upon the property as provided for by this chapter. (h) The director may cancel a dedication without rollback taxes or penalties in the event of any of the following_ (1) A recognized natural disaster-, (2) The land can no longer be used for the dedicated agricultural use-, or (3) The death or severe disability of the principal farmer such that the farm operation cannot continue; provided however, that a corporation or a partnership shall not qualifyprincipal farmer and shall not be exempt from rollback taxes or penalties under this subsection." Section 19- . Agriculturally zoned vacant land dedication. (a) A special land _reserve is established to enable the owner of anv auiculturall zoned vacant parcel of land, to dedicate the vacant land to have the land assessed at ?t}% of its market value, provided: (1) The land is designated by County zoning district classification as agricultural, residential and agricultural, family agricultural intensive agricultural, agricultural project district; and (2) The individual parcel is at least three acres in size; and (3) The agriculturally zoned vacant land remains vacant for at least ten years with no structures constructed other than as permitted herein, and no state or county application submitted for any structures or other development during the ten year period. Permitted structures in an agriculturally zoned vacated land program is limited to agricultural outbuildings and fences. (b) Short term agriculturally zoned vacant landetip tion. (1) If any owner desires to dedicate the owner's agriculturally zoned land for a vacant land dedication, the owner shall so petition the director and declare in the petition that the land is vacant, there are no structures on the land there are no permits being processed for any structures or other development and that the land is being held for future agricultural use. (2) The director shall prescribe the form of the petition. (3) The petition shall be filed with the director by September 1 of any calendar year and shall be either approved or denied by December 15 of that same year. If approved, dedication shall be effective on July 1 of the following tax year. (4) The petition for a vacant land dedication must be signedy all owners of the land for which the dedication is sought. (5) Action by director on petition. (A) Upon receipt of a petition, the director shall make a finding of fact as to whether the land in the petition area is vacant and reasonably well suited for future agricultural use. (B) If the findings is favorable, the director shall approve the petition and declare the land to be dedicated as described within the petition. (C) In order to place prospective buyers on notice of the rollback liabilitL the petitioner shall record the dedication in accordance with the procedures of the bureau of conveyances within ninety days of notice