notnksnemor
The Great and Powerful Oz
If you have land in conservation, can you sell off portions of it?
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Land in conservation
- Thread starter notnksnemor
- Start date
Meriwether Mike
Senior Member
I assume you are talking about a CUVA covenant. You can sell it, but the new owners will have to keep the property in the covenant thru the end of the period or face stiff penalties.
notnksnemor
The Great and Powerful Oz
Here's the scenario.
32 acres in conservation and the owner wants to sell 1 1/2 acres.
Can someone build on that 1 1/2 acres while it's in conservation?
They have to be selling to a blood relative with in 4 degrees of covenant holder. Great Grandchild. THat is from memory. I think the penalties for violation is up to triple the taxes.
Google it or contact the local Tax Commissioner.
Google it or contact the local Tax Commissioner.
Be careful. Do not rely completely on advice from here, not even mine. We are pretty good but most of us did not stay at a Holiday Inn last night, I can't afford to.
Potential problems:
1) I don't know for sure but I believe - The new purchaser must adopt the existing covenant and abide by it. If he does not he gets a penalty for the taxes he saved after the sale and the previous owner gets a penalty for the what he saved before. In your case the previous owner would have a much larger penalty.
2) I don't know for sure but someone would need to research whether the 1.5 acre piece can continue under covenant since it is smaller than what I believe the minimum acreage to be.
Potential problems:
1) I don't know for sure but I believe - The new purchaser must adopt the existing covenant and abide by it. If he does not he gets a penalty for the taxes he saved after the sale and the previous owner gets a penalty for the what he saved before. In your case the previous owner would have a much larger penalty.
2) I don't know for sure but someone would need to research whether the 1.5 acre piece can continue under covenant since it is smaller than what I believe the minimum acreage to be.
notnksnemor
The Great and Powerful Oz
Thanks.
This is not my land, but land that adjoins mine.
The 1 1/2 acres would border me.
There might be other issues as well that I don't even have enough knowledge to recognize.
I don't think that works, because the new owner's portion is too small to qualify for CUVA, so there is no way for him to adopt CUVA on the purchased parcel. The penalties for the "breach" would be imposed on the seller, not the buyer.
And, you should know - each individual County Assessor interprets the statutes individually; there is no uniform standard across the state to calibrate their interpretation, nor is there a state level appeals process - all of that happens either in the local county board of equalization, or if you don't like their answer, in court.
The only way to get a definitive answer to your question directly to the Assessor for the county in question on how he/she would interpret the statutes.
Elkbane
And, you should know - each individual County Assessor interprets the statutes individually; there is no uniform standard across the state to calibrate their interpretation, nor is there a state level appeals process - all of that happens either in the local county board of equalization, or if you don't like their answer, in court.
The only way to get a definitive answer to your question directly to the Assessor for the county in question on how he/she would interpret the statutes.
Elkbane
Call the tax assessor office.
Spotlite
Resident Homesteader
Mine is in conservation and I gave my son 2 acres when he got married. His is not in conservation because our county requires two acres for a home.
Nothing changed on mine except they deducted 2 acres from the plot.
This.^ In Georgia the minimum acres allowed for the agricultural use assessment is 10 acres. Splitting off the 1.5 acres will void the CUVA on that 1.5 acres and it will be subject to the increase in tax plus penalty and interest for the entire period the 1.5 acres was included in the original tract's exemption.
2022 Georgia Code :: Title 48 - Revenue and Taxation :: Chapter 5 - Ad Valorem Taxation of Property :: Article 1 - General Provisions :: § 48-5-7.1. Tangible Real Property Devoted to Agricultural Purposes — Definition; Persons Entitled to Preferentia
Justia Free Databases of US Laws, Codes & Statutes
law.justia.com
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Spotlite
Resident Homesteader
Depends on who is buying.This.^ In Georgia the minimum acres allowed for the agricultural use assessment is 10 acres. Splitting off the 1.5 acres will void the CUVA on that 1.5 acres and it will be subject to the increase in tax plus penalty and interest for the entire period the 1.5 acres was included in the original tract's exemption.
2022 Georgia Code :: Title 48 - Revenue and Taxation :: Chapter 5 - Ad Valorem Taxation of Property :: Article 1 - General Provisions :: § 48-5-7.1. Tangible Real Property Devoted to Agricultural Purposes — Definition; Persons Entitled to Preferentia
Justia Free Databases of US Laws, Codes & Statutes
“If ownership of the property is acquired during a covenant period by a person qualified to enter into an original covenant, by a newly formed corporation the stock in which is owned by the original covenantor or others related to the original covenantor within the fourth degree by civil reckoning,”
“in which event no breach of the covenant shall be deemed to have occurred.”
kayaksteve
Senior Member
I’d just swing by the tax accessors office and have a talk. Phone call would work but I feel much better about face to face conversations with important or business matters like this.
Me too. Face to face
westcobbdog
Senior Member
Check with that county dev office too, even the rural counties are now 2-5 acre min lot size to build, so 1.5 acres would be a non conforming lot in most counties.
notnksnemor
The Great and Powerful Oz
As I said, it's not my land.
The 1 1/2 acres borders me.
The Gladys Kravitz is coming out in me.
The 1 1/2 acres borders me.
The Gladys Kravitz is coming out in me.
westcobbdog
Senior Member
Gladys consider calling your local zoning or community development office and ask them how its zoned and exactly what can be done with said land. If rural that's a little tight to build and have the required sized septic drain field but might work. If any portion of it is wet, that could reduce the building footprint.
I’ll give my take in the morning when I get on a computer.
DannyW
Senior Member
Even though it's not your land, meeting with the tax assessor will at least communicate a concern from an adjacent land owner (you), which may in turn eliminate a little of that "wiggle room" they apparently have in making these decisions.
