North Carolina 2025-2026 Regular Session

North Carolina House Bill H647 Latest Draft

Bill / Amended Version Filed 04/02/2025

                            GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
H 	1 
HOUSE BILL 647 
 
 
Short Title: Ag. PUV Conservation. 	(Public) 
Sponsors: Representatives Balkcom, Gillespie, Eddins, and N. Jackson (Primary Sponsors). 
For a complete list of sponsors, refer to the North Carolina General Assembly web site. 
Referred to: Agriculture and Environment, if favorable, Finance, if favorable, Rules, Calendar, 
and Operations of the House 
April 2, 2025 
*H647 -v-1* 
A BILL TO BE ENTITLED 1 
AN ACT TO ALLOW PROPERTY OWNED BY CERTAIN CONSERVATION ENTITIES TO 2 
BE TAXED AT PRESENT-USE VALUE. 3 
The General Assembly of North Carolina enacts: 4 
SECTION 1. G.S. 105-277.2 reads as rewritten: 5 
"§ 105-277.2.  Agricultural, horticultural, and forestland – Definitions. 6 
The following definitions apply in G.S. 105-277.3 through G.S. 105-277.7: 7 
… 8 
(1b) Conservation holder. – A nonprofit or private corporation that qualifies as a 9 
"holder" pursuant to G.S. 121-35(2) and that (i) meets the definition of a 10 
"charitable corporation" under G.S. 55A-1-40 and (ii) is organized to receive 11 
and administer agricultural land, horticultural land, or forestland, for the 12 
purpose of preserving the uses of such land in perpetuity. 13 
… 14 
(4) Individually owned. – Owned by one of the following: 15 
… 16 
f. A conservation holder. 17 
…." 18 
SECTION 2. G.S. 105-277.3 reads as rewritten: 19 
"§ 105-277.3.  Agricultural, horticultural, and forestland – Classifications. 20 
(a) Classes Defined. – The following classes of property are designated special classes 21 
of property under authority of Section 2(2) of Article V of the North Carolina Constitution and 22 
must be appraised, assessed, and taxed as provided in G.S. 105-277.2 through G.S. 105-277.7. 23 
… 24 
(b2) Exceptions to Ownership Requirements. – Notwithstanding the provisions of 25 
subsections (b) and (b1) of this section, land may qualify for classification in the hands of the 26 
new owner if all of the conditions listed in either any subdivision of this subsection are met, even 27 
if the new owner does not meet all of the ownership requirements of subsections (b) and (b1) of 28 
this section with respect to the land. 29 
(1) Continued use. – If the land qualifies for classification in the hands of the new 30 
owner under the provisions of this subdivision, then any deferred taxes remain 31 
a lien on the land under G.S. 105-277.4(c), the new owner becomes liable for 32 
the deferred taxes, and the deferred taxes become payable if the land fails to 33 
meet any other condition or requirement for classification. Land qualifies for 34  General Assembly Of North Carolina 	Session 2025 
Page 2  House Bill 647-First Edition 
classification in the hands of the new owner if all of the following conditions 1 
are met: 2 
a. The land was appraised at its present use present-use value at the time 3 
title to the land passed to the new owner. 4 
… 5 
(3) Use by conservation holder. – If the land qualifies for classification in the 6 
hands of the new owner under the provisions of this subdivision, then any 7 
deferred taxes remain a lien on the land under G.S. 105-277.4(c), the new 8 
owner becomes liable for the deferred taxes, and the deferred taxes become 9 
payable if the land fails to meet any other condition or requirement for 10 
classification. Land qualifies for classification in the hands of the new owner 11 
if all of the following conditions are met: 12 
a. The new owner is a conservation holder. 13 
b. The land was appraised at its present-use value at the time title to the 14 
land passed to the new owner. 15 
c. The new owner uses the land for purposes consistent with the owner's 16 
qualification as a conservation holder. 17 
d. The new owner has timely filed an application as required by 18 
G.S. 105-277.4(a) and has certified that the new owner accepts 19 
liability for any deferred taxes and intends to use the land for purposes 20 
consistent with sub-subdivision c. of this subdivision. 21 
… 22 
(d1) Conservation Easement Exception. – Property that is appraised at its present-use 23 
value under G.S. 105-277.4(b) shall continue to qualify for appraisal, assessment, and taxation 24 
as provided in G.S. 105-277.2 through G.S. 105-277.7 without regard to actual production or 25 
income requirements of this section as long as (i) the property is subject to a qualifying 26 
conservation easement that meets the requirements of G.S. 113A-235(a); and (ii) the taxpayer 27 
received no more than seventy-five percent (75%) of the fair market value of the donated property 28 
interest in compensation. Notwithstanding G.S. 105-277.3(b) and (b1), subsequent transfer of the 29 
property does not extinguish its present-use value eligibility as long as the property remains 30 
subject to a qualifying conservation easement. The exception provided in this subsection applies 31 
only to that part of the property that is subject to the easement. 32 
… 33 
(d4) Conservation Holder Exception. – Property that is appraised at its present-use value 34 
under G.S. 105-277.4(b) shall continue to qualify for appraisal, assessment, and taxation as 35 
provided in G.S. 105-277.2 through G.S. 105-277.7 without regard to the actual production or 36 
income requirements of this section as long as (i) the taxpayer remains a conservation holder and 37 
(ii) the taxpayer continues to use the land for purposes consistent with its qualification as a 38 
conservation holder. 39 
…." 40 
SECTION 3. This act is effective for taxes imposed for taxable years beginning on 41 
or after July 1, 2026. 42