Georgia 2008 Statutory Changes and Proposed Constitutional Amendments

05/07/2008                   

While the 2008 Florida Legislature amended its Greenbelt statute to prohibit local authorities from requiring a minimum acreage for Agricultural/Greenbelt assessment, the Georgia Legislature did the opposite.  OGC 48-5-7.4 (provides for the conservation current use assessment) was amended by an addition:  “…The governing authority of a county in which the property that otherwise meets the requirements for current use assessment is located may establish a minimum number of acres as a condition for qualifying for the current use assessment.  Such minimum shall be up to 25 acres and…”

Minimum acreage requirements over 10 acres could be an issue, especially if the minimum is inclusive of all uses and not specific for each use, such as Christmas trees, pecan orchards, nursery, and other uses which frequently are located on parcels under 25 acres.

The Legislature also provided two proposed constitutional amendments.  The Property Tax Reform Amendment will change Article VII, Section I and provide for a freeze on the established 2008 property values and a percentage cap limitation on the annual increase in assessments.  The amendment provides additional changes not specific to agricultural property 

The second amendment will change OGC 48-5-7 by adding a new section:  Georgia Forest Land Protection Act of 2008.  A new class of covenanted property will be established:  Forest land conservation use property.”  The provisions of the new section are very similar to the provisions for conservation current use assessment.  Noted differences include the covenant period (15 years instead of 10), an acreage minimum of 200, and, no maximum acreage limitation.  Property in preferential agricultural assessment or conservation use current assessment, if qualified, can be converted to forest land conservation use assessment.




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