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§ 5490.3. Land devoted to agricultural use, agricultural reserve, and/or forest reserve

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: July 20, 2016

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 72 P.S. Taxation and Fiscal Affairs
Chapter 4. Local Taxation (Refs & Annos)
Assessments (Refs & Annos)
Assessment of Farmland and Forest Land (Refs & Annos)
Effective: July 20, 2016
72 P.S. § 5490.3
§ 5490.3. Land devoted to agricultural use, agricultural reserve, and/or forest reserve
Currentness
(a) For general property tax purposes, the value of land which is presently devoted to agricultural use, agricultural reserve, and/or forest reserve shall, on application of the owner and approval thereof as hereinafter provided, be that value which such land has for its particular land use category if it also meets the following conditions:
(1) Land presently devoted to agricultural use: Such land was devoted to agricultural use the preceding three years and is not less than ten contiguous acres in area, including the farmstead land, or has an anticipated yearly gross income of at least two thousand dollars ($2,000).
(2) Land presently devoted to agricultural reserve: Such land is not less than ten contiguous acres in area, including the farmstead land.
(3) Land presently devoted to forest reserve: Such land is not less than ten contiguous acres in area, including the farmstead land.
(4) Deleted by 1998, Dec. 21, P.L. 1225, No. 156, § 2, imd. effective.
(a.1) The following apply to enrollment:
(1) A landowner may enroll one tract or more than one contiguous tract for preferential assessment if the total area to be enrolled meets the minimum requirements for eligibility otherwise prescribed in this section. A landowner may not enroll less than the entire contiguous portion of land described in the deed applicable to a tract for which enrollment for preferential assessment is sought.
(2) A tract of land which is used for agricultural use, agricultural reserve or forest reserve purposes may be enrolled for preferential assessment notwithstanding that the tract itself does not meet the minimum requirements for eligibility otherwise prescribed in this section if the tract is contiguous to a tract or tracts which have been previously enrolled by the landowner for preferential assessment.
(a.2) Land area that is burdened by a public or private road, right-of-way or easement shall be included in determining whether the condition for minimum contiguous area required under subsection (a) has been met.
(b), (c) Deleted by 1998, Dec. 21, P.L. 1225, No. 156, § 2, imd. effective.
(d) The county board of assessment appeals may not terminate preferential assessment of land previously determined by the board to qualify for preferential assessment without:
(1) written notice under section 4(c.1)1 from the landowner expressing that preferential assessment is to be terminated; or
(2) written notice under section 5(a)(2)2 from the county assessor to the landowner that preferential assessment is to be terminated, stating the reason for such termination and the opportunity for a hearing under section 9.3
(e) A county assessor may not impose any requirements or conditions of eligibility for preferential assessment other than those otherwise prescribed in this section.
(f) A tract of land enrolled in either the agricultural use or forest reserve land use category and otherwise eligible for preferential assessment under this section shall not be deemed ineligible because the owner of the tract of land permits or authorizes or has permitted or authorized a recreational activity on the tract pursuant to section 8(f).4
(g)(1) The county commissioners may adopt an ordinance to include farmstead land in the total use value for land in agricultural reserve. Any ordinance adopted pursuant to this subsection shall be applied uniformly to all land in agricultural reserve in the county.
(2) The county commissioners may adopt an ordinance to include farmstead land in the total use value for land in forest reserve. Any ordinance adopted pursuant to this subsection shall be applied uniformly to all land in forest reserve in the county.

Credits

1974, Dec. 19, P.L. 973, No. 319, § 3, imd. effective. Amended 1998, Dec. 21, P.L. 1225, No. 156, § 2, imd. effective; 2004, Dec. 8, P.L. 1785, No. 235, § 2, effective Feb. 7, 2005; 2016, July 20, P.L. 811, No. 89, § 1, imd. effective.

Footnotes

1
72 P.S. § 5490.4.
2
72 P.S. § 5490.5.
3
72 P.S. § 5490.9.
4
72 P.S. § 5490.8.
72 P.S. § 5490.3, PA ST 72 P.S. § 5490.3
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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