act-1994-0-91•Pennsylvania Act 1994-91 — PRESERVED FARMLAND TAX STABILIZATION ACT
Pennsylvania Act 1994-91 — PRESERVED FARMLAND TAX STABILIZATION ACT
act-1994-0-911994 Pa. Act 91Law
Act text
PRESERVED FARMLAND TAX STABILIZATION ACT
Act of Oct. 13, 1994, P.L. 605, No. 91 Cl. 53
AN ACT
Providing for the assessment of real property subject to an
agricultural conservation easement.
The General Assembly finds and declares as follows:
(1) The Commonwealth has undertaken a Statewide program
to encourage landowners of prime agricultural land to sell
their rights to develop the land. Other public and private
programs promote the donation of development rights as a way
of preserving farmland. Farmland owners who sell or donate
their development rights need to have the assurance that
their properties will be valued for use restricted to
agriculture.
(2) It is the intent of this General Assembly that land
covered by an agricultural conservation easement by which
development rights were transferred should be valued and
assessed at its restricted farmland market value for the
duration of the easement. This action will complement the
State and private programs whose intent is to preserve
farmland as well as to preserve the economic viability of
agriculture in this Commonwealth.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Preserved
Farmland Tax Stabilization Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agricultural conservation easement." A holder's
nonpossessory interest in real property, whether appurtenant or
in gross, imposing limitations or affirmative obligations, the
purpose of which is to assure its availability for agricultural
use, and which contains a third-party right of enforcement.
"Common level ratio." The ratio of assessed value to current
market value used generally in the county as last determined by
the State Tax Equalization Board pursuant to the act of June 27,
1947 (P.L.1046, No.447), referred to as the State Tax
Equalization Board Law.
"Established predetermined ratio." The ratio of assessed
value to market value established by the board of county
commissioners and uniformly applied in determining assessed
value in any year pursuant to the act of May 22, 1933 (P.L.853,
No.155), known as The General County Assessment Law.
"Holder." The term includes the following:
(1) A governmental body empowered to hold an interest in
real property under the laws of this Commonwealth or the
United States.
(2) A charitable corporation, charitable association or
charitable trust registered with the Bureau of Charitable
Organizations of the Department of State and exempt from
taxation under section 501(c)(3) of the Internal Revenue Code
of 1986 (Public Law 99-514, 26 U.S.C. § 501(c)(3)) or other
Federal or Commonwealth statutes or regulations, the purposes
or powers of which include assuring the availability of real
property for agricultural use.
"Restricted farmland market value." The fair market value of
farmland that has been restricted by an agricultural
conservation easement, thus limiting the highest and best use of
the land to agricultural purposes.
"Third-party right of enforcement." A right provided in an
agricultural conservation easement in order to enforce any of
its terms granted to either:
(1) a governmental body; or
(2) a charitable corporation, charitable association or
charitable trust;
which, although eligible to be a holder, is not a holder.
Section 3. Assessment of land containing agricultural
conservation easement.
(a) Assessment.--The assessed value of land, but not the
buildings thereon, which is subject to either a perpetual
agricultural conservation easement or an agricultural
conservation easement for less than perpetuity shall be
determined by determining the restricted farmland market value
of the land and by applying the current established
predetermined ratio of the county to the restricted farmland
market value unless the appropriate common level ratio
determined by the State Tax Equalization Board varies by more
than 15% from the established predetermined ratio, in which case
the common level ratio shall be applied to the restricted
farmland market value.
(b) Revaluation.--
(1) After the initial assessment of land which is
subject to perpetual agricultural conservation easement under
subsection (a), the assessed value of that land may be
decreased but shall not be increased unless a county has
effected a countywide revision of assessments.
(2) After the initial assessment of land which is
subject to an agricultural conservation easement for less
than perpetuity under subsection (a), the assessed value of
that land may be changed as a result of a countywide revision
of assessments and may annually be subject to revaluation in
accordance with the provisions of subsection (a) pursuant to
the appeal procedures of the applicable law governing
assessments in the county in which the land is located.
(c) Countywide revision of assessments.--In the event that
there is a countywide revision of assessments involving either
the revaluing of properties or a mathematical change in the
assessment base, the assessed value of land, but not the
buildings thereon, which is subject to either a perpetual
agricultural conservation easement or an agricultural
conservation easement for less than perpetuity shall be
determined in accordance with the provisions of subsection (a)
pursuant to the procedure for determining assessed value of
property in assessment appeals after a countywide revision of
assessments.
Section 4. Other preferential assessments of land covered by
agricultural conservation easement.
The provisions of this act shall not be applied to determine
assessed value of land which is subject to either a perpetual
agricultural conservation easement or an agricultural
conservation easement for less than perpetuity if the result
would be a higher assessment than would be obtained by applying
other authorized methods of assessment. Land which qualifies to
be assessed pursuant to this act shall not be prohibited from
qualifying for preferential assessment pursuant to any other law
and shall be assessed at the lowest preferential assessment for
which it qualifies.
Section 5. Repeals.
All acts and parts of acts are repealed insofar as they are
inconsistent with this act.
Section 6. Applicability.
This act shall apply to all lands subject to an agricultural
conservation easement on the effective date of this act and to
subsequent agricultural conservation easements which become
applicable after the effective date of this act, provided that
this act shall apply to the taxes owed on such easements only
for tax years beginning on or after the effective date of this
act.
Section 7. Effective date.
This act shall take effect immediately.
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