HB0010 - Agricultural lands-classification.
2001 |
State of Wyoming |
01LSO-0038.E1 ENGROSSED |
HOUSE BILL NO. HB0010
Agricultural lands-classification.
Sponsored by: Joint Agriculture, Public Lands and Water
Resources Interim Committee
A BILL
for
1 AN ACT relating to
taxation and revenue; providing for the
2
classification of agricultural land for taxation purposes
3
as specified; providing definitions; and providing for an
4
effective date.
5
6 Be It Enacted by the Legislature of the State of Wyoming:
7
8 Section
1. W.S. 39-13-101(a)(iii) and by creating a
9
new paragraph (vi) and 39-13-103(b)(x) are amended to read:
10
11 39-13-101. Definitions.
12
13 (a) As used in this article:
14
15 (iii) "Agricultural
land", as used in W.S.
16 39-13-103(b)(x), means land which has been used or employed
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1 during the previous two (2) years and presently is being 2
used and employed for the primary
purpose of obtaining a 3
monetary profit as agricultural or
horticultural use or any 4
combination thereof is to be
agricultural land meets the
5 requirements of W.S. 39-13-103(b)(x)
for the purpose of tax
6
assessment; unless legally zoned otherwise by a zoning 7
authority;
8
9 (vi) "Agricultural
purposes", as used in W.S.
10 39-13-103(b)(x),
means cultivation of the soil, the
11 production of timber products, forage or crops, and the
12 rearing, feeding and management of livestock consistent
13 with the land's ability to produce.
14
15 39-13-103. Imposition.
16
17 (b) Basis of tax. The following shall apply:
18
19 (x) The following shall apply to agricultural
20 land:
21
22 (A) The
department shall determine the
23 taxable value of agricultural land conditions and prescribe
24 the form of the sworn statement to be used by the property
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1 owner to declare that the property meets the requirements
2 of subparagraph (B) of this paragraph. In determining the
3
taxable value for assessment purposes under this section 4 paragraph, the value of
agricultural land shall be based on
5
the current use of the land, and the capacity
capability of
6
the land to produce agricultural products, including
7
grazing and forage, based on average yields of lands of the
8
same classification under normal conditions;
9
10 (B) Contiguous or noncontiguous parcels of
11 land
under one (1) operation owned or leased shall qualify
12 for classification as agricultural land if:
13
14 (I) The land is presently being used
15 and
employed for an agricultural purpose;
16
17 (II) The land has been used or
18 employed
primarily in an agricultural operation which has
19 derived annual gross revenues from the marketing of
20 agricultural products, or the land does not meet this
21 requirement because:
22
23 (1) The producer experiences an
24 intervening cause of production failure beyond its control;
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1
2 (2) The producer causes a
3 marketing delay for economic
advantage;
4
5 (3) The producer participates in
6 a bona fide conservation program, in
which case proof by an
7 affidavit showing qualification in a
previous year shall
8 suffice; or
9
10 (4) The producer has planted a
11 crop that will not yield an income in the taxable year.
12
13 (III) The land is not part of a
14 platted
subdivision; and
15
16 (IV) The contiguous or noncontiguous lands
17 have
an area greater than eighty (80) acres, unless the
18 producer provides a sworn affidavit affirming that lands
19 with an area less than eighty (80) acres derived annual
20 gross revenues from the marketing of agricultural products
21 of not less than one thousand dollars ($1,000.00).
22
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1 Section 2. This act is effective January 1, 2001.
2
3 (END)
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