AGRICULTURAL
LAND USE
Agricultural valuation encourage the continuation
of farming operations and the preservation of farmland in Kentucky by providing
a tax "break" for farmers. The value of land used for farm production is
assessed at a lower dollar value per acre than if the same land were used
for other purposes. The law was enacted to keep soaring property assessments
from forcing farmers out of business.
KRS 132.010 as amended sets out definite provisions relative to
agricultural and horticultural land.
Agricultural land means any tract at least
ten acres in area, exclusive of land used in conjunction with the farmhouse,
that is used for agricultural purposes or for the growing of merchantable
timber. Horticultural land means any land of at least five acres in area
commercially used for the cultivation of a garden, orchard, or the raising
of fruits, vegetables, flowers, or ornamental plants.
Agricultural or horticultural value means
the use value of agricultural or horticultural land based upon income-producing
capability and comparable sales of farmland purchased for farm purposes
where the price is indicative of farm use value, excluding sales representing
purchases for farm expansion, better accessibility, and other factors which
inflate the purchase price beyond farm use value.
Land devoted to agricultural or horticultural
use, where the owner has petitioned for, and been granted a zoning classification
other than for agricultural or horticultural purposes, is excluded from
the provisions of this act. When the use of a part of a tract of
land which is assessed as agricultural or horticultural land is changed,
either by conveyance or other action of the owner, the right of the remaining
land to be retained in the agricultural or horticultural classification
for assessment shall not be impaired provided it meets the minimum requirements
for such classification.
Land on which there has been established a
systematic pattern of change of use over a period of two years is excluded
from the provision of this act.
A farm residence occupied by the farm
owner must be assessed at its fair cash value and is not eligible for agricultural
deferment.
Utility buildings or houses used by tenants
actually working on the farm can be valued according to the contribution
they make to the agricultural production of the land.
|