25 LC 44 2863
Senate Bill 43
By: Senators Summers of the 13th, Brass of the 6th, Goodman of the 8th, Watson of the 11th,
Anderson of the 24th and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to
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preferential assessment for bona fide conservation use property and bona fide residential2
transitional property, so as to increase the maximum acreage to qualify for assessment and3
taxation as a bona fide conservation use property; to provide for related matters; to provide4
for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other5
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 the introductory language of subsection (a), the introductory11
language of paragraph (1) of subsection (a), subparagraphs (a)(1)(A) and (a)(1)(A.1), the12
introductory language of paragraph (2) of subsection (a), paragraph (3) of subsection (b), and13
subsections (e) and (r) as follows:14
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"(a) For purposes of this article, the term 'bona fide conservation use property' means
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property described in and meeting the requirements of paragraph (1) or (2) of this16
subsection, as follows:17
(1) Not more than 2,000 acres
6,000 acres of tangible real property of a single person,18
the primary purpose of which is any good faith production, including but not limited to19
subsistence farming or commercial production, from or on the land of agricultural20
products or timber, subject to the following qualifications:21
(A) Such property includes the value of tangible property permanently affixed to the22
real property which is directly connected to such owner's production of agricultural23
products or timber and which is devoted to the storage and processing of such24
agricultural products or timber from or on such real property;25
(A.1) In the application of the limitation contained in the introductory language of this26
paragraph, the following rules shall apply to determine beneficial interests in bona fide27
conservation use property held in a family owned farm entity as described in28
division (1)(C)(iv) of this subsection:29
(i) A person who owns an interest in a family owned farm entity as described in30
division (1)(C)(iv) of this subsection shall be considered to own only the percent of31
the bona fide conservation use property held by such family owned farm entity that32
is equal to the percent interest owned by such person in such family owned farm33
entity; and34
(ii) A person who owns an interest in a family owned farm entity as described in35
division (1)(C)(iv) of this subsection may elect to allocate the lesser of any unused36
portion of such person's 2,000 acre 6,000 acre limitation or the product of such37
person's percent interest in the family owned farm entity times the total number of38
acres owned by the family owned farm entity subject to such bona fide conservation39
use assessment, with the result that the family owned farm entity may receive bona40
fide conservation use assessment on more than 2,000 acres 6,000 acres;"41
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"(2) Not more than 2,000 acres 6,000 acres of tangible real property, excluding the value42
of any improvements thereon, of a single owner of the types of environmentally sensitive43
property specified in this paragraph and certified as such by the Department of Natural44
Resources, if the primary use of such property is its maintenance in its natural condition45
or controlling or abating pollution of surface or ground waters of this state by storm-water46
runoff or otherwise enhancing the water quality of surface or ground waters of this state47
and if such owner meets the qualifications of subparagraph (C) of paragraph (1) of this48
subsection, subject to the following qualifications:"49
"(3) No property shall qualify as bona fide conservation use property if such current use50
assessment would result in any person who has a beneficial interest in such property,51
including any interest in the nature of stock ownership, receiving in any tax year any52
benefit of current use assessment as to more than 2,000 acres 6,000 acres. If any taxpayer53
has any beneficial interest in more than 2,000 acres 6,000 acres of tangible real property54
which is devoted to bona fide conservation uses, such taxpayer shall apply for current use55
assessment only as to 2,000 acres 6,000 acres of such land;"56
"(e) A single owner shall be authorized to enter into more than one covenant under this57
Code section for bona fide conservation use property, provided that the aggregate number58
of acres of qualified property of such owner to be entered into such covenants does not59
exceed 2,000 acres 6,000 acres. Any such qualified property may include a tract or tracts60
of land which are located in more than one county. A single owner shall be authorized to61
enter qualified property in a covenant for bona fide conservation use purposes and to enter62
simultaneously the residence located on such property in a covenant for bona fide63
residential transitional use if the qualifications for each such covenant are met. A single64
owner shall be authorized to enter qualified property in a covenant for bona fide65
conservation use purposes and to enter other qualified property of such owner in a covenant66
for bona fide residential transitional use."67
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"(r) Property which is subject to current use assessment under this Code section shall be
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separately classified from all other property on the tax digest; and such separate69
classification shall be such as will enable any person examining the tax digest to ascertain70
readily that the property is subject to current use assessment under this Code section.71
Covenants shall be public records and shall be indexed and maintained in such manner as72
will allow members of the public to locate readily the covenant affecting any particular73
property subject to current use assessment under this Code section. Based on information74
submitted by the county boards of tax assessors, the commissioner shall maintain a central75
registry of conservation use property, indexed by owners, so as to ensure that the 2,000
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acre 6,000 acre limitations of this Code section are complied with on a state-wide basis."77
SECTION 2.78
This Act shall become effective on January 1, 2027, only if an amendment to the79
Constitution increasing the maximum acreage to qualify for assessment and taxation as a80
bona fide conservation use property is ratified by the voters at the November, 2026,81
state-wide general election. If such an amendment is not so ratified, then this Act shall not82
become effective and shall stand repealed on January 1, 2027.83
SECTION 3.84
All laws and parts of laws in conflict with this Act are repealed.85
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