Georgia 2025-2026 Regular Session

Georgia House Bill HB90 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 LC 44 2885~~/AP~~
2		-	House Bill 90 ~~(AS PASSED HOUSE AND SENATE)~~
	1	+	25 LC 44 2885
	2	+	House Bill 90
3	3		By: Representatives Efstration of the 104
4	4		th
5	5		, Dickey of the 134
6	6		th
7	7		, Hagan of the 156
8	8		th
9	9		, and
10	10		Buckner of the 137
11	11		th
12	12
13	13		A BILL TO BE ENTITLED
14	14		AN ACT
15	15		To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to
16	16		1
17	17		preferential assessment for bona fide conservation use property and bona fide residential2
18	18		transitional property, so as to increase the maximum acreage to qualify for assessment and3
19	19		taxation as a bona fide conservation use property; to provide for related matters; to provide4
20	20		for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other5
21	21		purposes.6
22	22		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
23	23		SECTION 1.8
24	24		Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to preferential9
25	25		assessment for bona fide conservation use property and bona fide residential transitional10
26	26		property, is amended by revising the introductory language of paragraph (1) of11
27	27		subsection (a), division (a)(1)(A.1)(ii), the introductory language of paragraph (2) of12
28	28		subsection (a), paragraph (3) of subsection (b), and subsections (e) and (r) as follows:13
29	29		"(a) For purposes of this article, the term 'bona fide conservation use property' means14
30	30		property described in and meeting the requirements of paragraph (1) or (2) of this15
31	31		subsection, as follows:16
32	32		H. B. 90
33		-	- 1 - 25 LC 44 2885~~/AP~~
	33	+	- 1 - 25 LC 44 2885
34	34		(1) Not more than 2,000 acres 4,000 acres of tangible real property of a single person,17
35	35		the primary purpose of which is any good faith production, including but not limited to18
36	36		subsistence farming or commercial production, from or on the land of agricultural19
37	37		products or timber, subject to the following qualifications:20
38	38		(A) Such property includes the value of tangible property permanently affixed to the21
39	39		real property which is directly connected to such owner's production of agricultural22
40	40		products or timber and which is devoted to the storage and processing of such23
41	41		agricultural products or timber from or on such real property;24
42	42		(A.1) In the application of the limitation contained in the introductory language of this25
43	43		paragraph, the following rules shall apply to determine beneficial interests in bona fide26
44	44		conservation use property held in a family owned farm entity as described in27
45	45		division (1)(C)(iv) of this subsection:28
46	46		(i) A person who owns an interest in a family owned farm entity as described in29
47	47		division (1)(C)(iv) of this subsection shall be considered to own only the percent of30
48	48		the bona fide conservation use property held by such family owned farm entity that31
49	49		is equal to the percent interest owned by such person in such family owned farm32
50	50		entity; and33
51	51		(ii) A person who owns an interest in a family owned farm entity as described in34
52	52		division (1)(C)(iv) of this subsection may elect to allocate the lesser of any unused35
53	53		portion of such person's 2,000 acre 4,000 acre limitation or the product of such36
54	54		person's percent interest in the family owned farm entity times the total number of37
55	55		acres owned by the family owned farm entity subject to such bona fide conservation38
56	56		use assessment, with the result that the family owned farm entity may receive bona39
57	57		fide conservation use assessment on more than 2,000 acres 4,000 acres;"40
58	58		"(2) Not more than 2,000 acres 4,000 acres of tangible real property, excluding the value41
59	59		of any improvements thereon, of a single owner of the types of environmentally sensitive42
60	60		property specified in this paragraph and certified as such by the Department of Natural43
61	61		H. B. 90
62		-	- 2 - 25 LC 44 2885~~/AP~~
	62	+	- 2 - 25 LC 44 2885
63	63		Resources, if the primary use of such property is its maintenance in its natural condition
64	64		44
65	65		or controlling or abating pollution of surface or ground waters of this state by storm-water45
66	66		runoff or otherwise enhancing the water quality of surface or ground waters of this state46
67	67		and if such owner meets the qualifications of subparagraph (C) of paragraph (1) of this47
68	68		subsection, subject to the following qualifications
69	69		:"48
70	70		"(3) No property shall qualify as bona fide conservation use property if such current use49
71	71		assessment would result in any person who has a beneficial interest in such property,50
72	72		including any interest in the nature of stock ownership, receiving in any tax year any51
73	73		benefit of current use assessment as to more than 2,000 acres 4,000 acres. If any taxpayer52
74	74		has any beneficial interest in more than 2,000 acres 4,000 acres of tangible real property53
75	75		which is devoted to bona fide conservation uses, such taxpayer shall apply for current use54
76	76		assessment only as to 2,000 acres 4,000 acres of such land;"55
77	77		"(e) A single owner shall be authorized to enter into more than one covenant under this56
78	78		Code section for bona fide conservation use property, provided that the aggregate number57
79	79		of acres of qualified property of such owner to be entered into such covenants does not58
80	80		exceed 2,000 acres 4,000 acres. Any such qualified property may include a tract or tracts59
81	81		of land which are located in more than one county. A single owner shall be authorized to60
82	82		enter qualified property in a covenant for bona fide conservation use purposes and to enter61
83	83		simultaneously the residence located on such property in a covenant for bona fide62
84	84		residential transitional use if the qualifications for each such covenant are met. A single63
85	85		owner shall be authorized to enter qualified property in a covenant for bona fide64
86	86		conservation use purposes and to enter other qualified property of such owner in a covenant65
87	87		for bona fide residential transitional use."66
88	88		"(r) Property which is subject to current use assessment under this Code section shall be67
89	89		separately classified from all other property on the tax digest; and such separate68
90	90		classification shall be such as will enable any person examining the tax digest to ascertain69
91	91		readily that the property is subject to current use assessment under this Code section.70
92	92		H. B. 90
93		-	- 3 - 25 LC 44 2885~~/AP~~
	93	+	- 3 - 25 LC 44 2885
94	94		Covenants shall be public records and shall be indexed and maintained in such manner as
95	95		71
96	96		will allow members of the public to locate readily the covenant affecting any particular72
97	97		property subject to current use assessment under this Code section. Based on information73
98	98		submitted by the county boards of tax assessors, the commissioner shall maintain a central74
99	99		registry of conservation use property, indexed by owners, so as to ensure that the 2,000
100	100		75
101	101		acre 4,000 acre limitations of this Code section are complied with on a state-wide basis."76
102	102		SECTION 2.77
103	103		This Act shall become effective on January 1, 2027, only if an amendment to the78
104	104		Constitution increasing the maximum acreage to qualify for assessment and taxation as a79
105	105		bona fide conservation use property is ratified by the voters at the November, 2026,80
106	106		state-wide general election. If such an amendment is not so ratified, then this Act shall not81
107	107		become effective and shall stand repealed on January 1, 2027.82
108	108		SECTION 3.83
109	109		All laws and parts of laws in conflict with this Act are repealed.84
110	110		H. B. 90
111	111		- 4 -