25 LC 44 2942
Senate Bill 59
By: Senators Watson of the 11th, Hickman of the 4th, Goodman of the 8th, Anderson of the
24th, Summers of the 13th 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 remove a limitation on leased property as to certain entities; to3
provide for related matters; to provide for an effective date and applicability; to repeal4
conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to preferential8
assessment for bona fide conservation use property and bona fide residential transitional9
property, is amended by revising subsection (b) as follows:10
"(b) Except in the case of the underlying portion of a tract of real property on which is11
actually located a constructed storm-water wetland, the following additional rules shall12
apply to the qualification of conservation use property for current use assessment:13
(1) When one-half or more of the area of a single tract of real property is used for a14
qualifying purpose, then such tract shall be considered as used for such qualifying15
purpose unless some other type of business is being operated on the unused portion;16
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provided, however, that such unused portion must be minimally managed so that it does
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not contribute significantly to erosion or other environmental or conservation problems.18
The lease of hunting rights or the use of the property for hunting purposes shall not19
constitute another type of business. The charging of admission for use of the property for20
fishing purposes shall not constitute another type of business;21
(2)(A)(i)
The owner of a tract, lot, or parcel of land totaling less than ten acres shall be22
required by the tax assessor to submit additional relevant records regarding proof of23
bona fide conservation use for qualified property that on or after May 1, 2012, is either24
first made subject to a covenant or is subject to a renewal of a previous covenant. The25
provisions of this paragraph relating to requiring additional relevant records regarding26
proof of bona fide conservation use shall not apply to such property if the owner of the27
subject property provides one or more of the following:28
(i)(I) Proof that such owner has filed with the Internal Revenue Service a29
Schedule E, reporting farm related income or loss, or a Schedule F, with Form 1040,30
or, if applicable, a Form 4835, pertaining to such property;31
(ii)(II) Proof that such owner has incurred expenses for the qualifying use; or32
(iii)(III) Proof that such owner has generated income from the qualifying use.33
(ii) Prior to a denial of eligibility under this paragraph, the tax assessor shall conduct34
and provide proof of a visual, on-site inspection of the property. Reasonable notice35
shall be provided to the property owner before being allowed a visual, on-site36
inspection of the property by the tax assessor.37
(B) The owner of a tract, lot, or parcel of land totaling ten acres or more shall not be38
required by the tax assessor to submit additional relevant records regarding proof of39
bona fide conservation use for qualified property that on or after May 1, 2012, is either40
first made subject to a covenant or is subject to a renewal of a previous covenant;41
(3) No property shall qualify as bona fide conservation use property if such current use42
assessment would result in any person who has a beneficial interest in such property,43
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including any interest in the nature of stock ownership, receiving in any tax year any
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benefit of current use assessment as to more than 2,000 acres. If any taxpayer has any45
beneficial interest in more than 2,000 acres of tangible real property which is devoted to46
bona fide conservation uses, such taxpayer shall apply for current use assessment only47
as to 2,000 acres of such land;48
(4) No property shall qualify as bona fide conservation use property if it is leased to a49
person or entity which would not be entitled to conservation use assessment. The
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provisions of this paragraph shall not apply to a corporation, a partnership, a general51
partnership, a limited partnership, a limited corporation, or a limited liability company52
registered with the Secretary of State that meets the following conditions:53
(A)(i) Its ownership includes only natural or naturalized citizens;54
(ii) It has as its primary purpose the production of agricultural products or timber55
from or on the land, including, but not limited to, subsistence farming or commercial56
production; and57
(iii) It derives 80 percent or more of its gross income from bona fide conservation58
uses, including earnings on investments directly related to past or future bona fide59
conservation uses, within this state; or60
(B) At least one of its members has no less than a 25 percent ownership interest in the61
property being leased and would be entitled to conservation use assessment;62
(5) No property shall qualify as bona fide conservation use property if such property is63
at the time of application for current use assessment subject to a restrictive covenant64
which prohibits the use of the property for the specific purpose described in65
subparagraph (a)(1)(E) of this Code section for which bona fide conservation use66
qualification is sought; and67
(6) No otherwise qualified property shall be denied current use assessment on the68
grounds that no soil map is available for the county in which such property is located;69
provided, however, that, if no soil map is available for the county in which such property70
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is located, the owner making an application for current use assessment shall provide the
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board of tax assessors with a certified soil survey of the subject property unless another72
method for determining the soil type of the subject property is authorized in writing by73
such board."74
SECTION 2.75
This Act shall become effective upon its approval by the Governor or upon its becoming law76
without such approval and shall be applicable to all taxable years beginning on or after77
January 1, 2026.78
SECTION 3.79
All laws and parts of laws in conflict with this Act are repealed.80
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