| 1 | 1 | | 25 LC 50 1187 |
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| 2 | 2 | | Senate Bill 306 |
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| 3 | 3 | | By: Senator Robertson of the 29th |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to |
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| 7 | 7 | | 1 |
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| 8 | 8 | | preferential assessment for bona fide conservation use property and bona fide residential2 |
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| 9 | 9 | | transitional property, so as to require notices of impending expiration to be sent via certified3 |
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| 10 | 10 | | mail; to provide for the reinstatement of certain covenants and preferential assessments in4 |
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| 11 | 11 | | certain limited circumstances; to provide for appeals and refunds; to prohibit additional fees5 |
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| 12 | 12 | | or interest; to provide for related matters; to repeal conflicting laws; and for other purposes.6 |
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| 13 | 13 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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| 14 | 14 | | SECTION 1.8 |
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| 15 | 15 | | Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to preferential9 |
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| 16 | 16 | | assessment for bona fide conservation use property and bona fide residential transitional10 |
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| 17 | 17 | | property, is amended by revising subsection (d) and adding a new subsection to read as11 |
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| 18 | 18 | | follows:12 |
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| 19 | 19 | | "(d) No property shall qualify for current use assessment under this Code section unless13 |
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| 20 | 20 | | and until the owner of such property agrees by covenant with the appropriate taxing14 |
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| 21 | 21 | | authority to maintain the eligible property in bona fide qualifying use for a period of ten15 |
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| 22 | 22 | | years beginning on the first day of January of the year in which such property qualifies for16 |
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| 23 | 23 | | S. B. 306 |
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| 24 | 24 | | - 1 - 25 LC 50 1187 |
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| 25 | 25 | | such current use assessment and ending on the last day of December of the final year of the |
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| 26 | 26 | | 17 |
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| 27 | 27 | | covenant period. After the owner has applied for and has been allowed current use18 |
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| 28 | 28 | | assessment provided for in this Code section, it shall not be necessary to make application19 |
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| 29 | 29 | | thereafter for any year in which the covenant period is in effect and current use assessment20 |
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| 30 | 30 | | shall continue to be allowed such owner as specified in this Code section. At least 60 days21 |
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| 31 | 31 | | prior to the expiration date of the covenant, the county board of tax assessors shall send by22 |
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| 32 | 32 | | first-class |
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| 33 | 33 | | certified mail written notification of such impending expiration. Except as23 |
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| 34 | 34 | | provided in subsection (d.1) of this Code section, upon Upon the expiration of any24 |
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| 35 | 35 | | covenant period, the property shall not qualify for further current use assessment under this25 |
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| 36 | 36 | | Code section unless and until the owner of the property has entered into a renewal covenant26 |
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| 37 | 37 | | for an additional period of ten years; provided, however, that the owner may enter into a27 |
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| 38 | 38 | | renewal contract in the ninth year of a covenant period so that the contract is continued28 |
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| 39 | 39 | | without a lapse for an additional ten years. If the owner of the covenant does not receive29 |
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| 40 | 40 | | certified notice of the impending expiration as required by this subsection, the covenant30 |
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| 41 | 41 | | shall automatically extend for one year.31 |
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| 42 | 42 | | (d.1)(1) This subsection shall apply in the case of any property:32 |
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| 43 | 43 | | (A) For which the covenant required under subsection (d) of this Code section expired33 |
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| 44 | 44 | | during the two years immediately preceding July 1, 2025;34 |
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| 45 | 45 | | (B) That, during the period after the expiration of the covenant required under35 |
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| 46 | 46 | | subsection (d) of this Code section, continued to qualify for current use assessment36 |
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| 47 | 47 | | under this Code section and did not receive another preferential assessment; and37 |
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| 48 | 48 | | (C) The owner of which claims he or she did not receive written notification of the38 |
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| 49 | 49 | | impending expiration of such covenant as required pursuant to subsection (d) of this39 |
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| 50 | 50 | | Code section and the county board of tax assessors cannot produce a record of such40 |
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| 51 | 51 | | notification.41 |
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| 52 | 52 | | (2) Notwithstanding any other provision of this chapter to the contrary, for a property42 |
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| 53 | 53 | | that meets the requirements of paragraph (1) of this subsection the covenant required43 |
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| 54 | 54 | | S. B. 306 |
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| 55 | 55 | | - 2 - 25 LC 50 1187 |
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| 56 | 56 | | under subsection (d) of this Code section shall be deemed to be reinstated and the owner44 |
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| 57 | 57 | | of the property shall only be liable for the taxes that would have been imposed if such45 |
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| 58 | 58 | | covenant had not expired.46 |
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| 59 | 59 | | (3) Notwithstanding the procedures and requirements for appeals provided in this chapter47 |
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| 60 | 60 | | to the contrary, the owner of any property that meets the requirements of paragraph (1)48 |
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| 61 | 61 | | of this subsection may appeal the assessment of such property for the time period stated49 |
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| 62 | 62 | | in subparagraph (A) of paragraph (1) of this subsection. The county board of tax50 |
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| 63 | 63 | | commissioners shall refund to the owner any amount of taxes paid in excess of such51 |
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| 64 | 64 | | amount, and no other costs, fees, or interest shall be imposed on such owner in relation52 |
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| 65 | 65 | | to such appeal."53 |
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| 66 | 66 | | SECTION 2.54 |
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| 67 | 67 | | All laws and parts of laws in conflict with this Act are repealed.55 |
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| 68 | 68 | | S. B. 306 |
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| 69 | 69 | | - 3 - |
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