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