HB 691 – AS INTRODUCED
2007 SESSION
09/10
HOUSE BILL 691
AN ACT excluding the value of a view from property tax assessments on working farms.
SPONSORS: Rep. Kurk, Hills 7; Rep. Kaelin, Hills 4; Rep. Spaulding, Hills 18
COMMITTEE: Municipal and County Government
This bill excludes the value of a view from property tax assessments on working farms.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0401
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT excluding the value of a view from property tax assessments on working farms.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Appraisal Of Taxable Property; Full and True Value; View Excluded. Amend RSA 75:1 to read as follows:
75:1 How Appraised.
I. The selectmen shall appraise open space land pursuant to RSA 79-A:5, open space land with conservation restrictions pursuant to RSA 79-B:3, land with discretionary easements pursuant to RSA 79-C:7, residences on commercial or industrial zoned land pursuant to RSA 75:11, earth and excavations pursuant to RSA 72-B, and all other taxable property at its market value. Market value means the property’s full and true value as the same would be appraised in payment of a just debt due from a solvent debtor, provided, however that full and true value shall not consider any value of a scenic view or other view external to a property which is a working farm as defined in paragraph II. The selectmen shall receive and consider all evidence that may be submitted to them relative to the value of property, the value of which cannot be determined by personal examination.
II. In this section, “working farm” means a farm which meets all of the following criteria:
(a) The farm is not a tax shelter, as defined in rules adopted by the department of revenue administration.
(b) The farm land is:
(1) Actively cultivated to grow crops, fruit trees, and other trees and plants for commercial sale, where the crop from individual plants is harvested on a regular basis and at least every 10 years; and
(2) In current use.
(c) The taxpayer:
(1) Owns all of the farm land individually or collectively, regardless of legal form, with no more than 9 other persons; and either:
(A) Actively cultivates the farm land; or
(B) Actively supervises those who cultivate the farm land.
(2) Has a household gross taxable income, including the taxable income from cultivating the farm, which is not more than 3 times the taxable income from cultivating the farm. In this subparagraph, “household” includes the claimant and all other persons living in the same dwelling who are, or are acting as if they were, members of the same family.
(d) The residence on the farm land is the taxpayer’s legal residence.
2 Effective Date. This act shall take effect April 1, 2007.