• HB 85 now provides a ten year covenant for forest land conservation use under O.C.G.A. § 48-5-7.7.  Forest land conservation use property will now be forest land of at least 200 acres aggregated in one or more counties as long as the property is in parcels of 100 acres within any given county. This new bill also requires the assessed value of qualified timberland to be at least 175% of the property’s forest land conservation use value, which can be seen as a penalty.  HB 85 adds a separate class of tangible timberland property which new exemption joins the existing exemptions of Conservation Use Property (CUVA), Forrest Land Protection Act (FLPA), and Agriculture Preference. This bill was signed and passed on May 2nd, and it will go into effect January 1, 2019, if Resolution 51 is ratified at the general election in November 2018.
  • The companion to HB 85, Resolution 51 proposes to amend the Constitution to revise the classification of forest land conservation use property for ad valorem taxation purposes. This proposed amendment shall be voted on Election day. The amendment would change forest land conservation use property to include only forest land of at least 200 acres in the aggregate which lies in one or more counties as long as the forest land is in parcels of at least 100 acres within any given county. The General Assembly shall be authorized by general law to establish a separate class of property known as qualified timberland property.
  • HB 374 changes proceedings before a hearing officer relating to ad valorem taxation of property. Now, under O.C.G.A. § 48-5-311, individuals have the right to appeal their non-homestead property to a Hearing Officer if the Fair Market Value is over $500,000. If the number of appeals within a county exceeds 3% of the total parcels, then the Board of Tax Assessors may receive an additional 180 days to make decisions on the appeal and notify the taxpayer of said decisions. To receive the extra 180 days the Board must provide notice at least 30 days before the expiration of the first 180 day period. If the Board fails to respond to a taxpayers appeal within 180 days of the appeal, or if no hearing is scheduled within 180 days, the property value asserted by the taxpayer will become the assessed Fair Market Value that year. The governor signed HB 374 into effect on May 3rd.

 

  • HB 888 revises the freeport exemption written application and summary. It further provides that if the county board of assessors fails to issue a letter of denial within 180 days after receiving the taxpayer’s application, then the freeport exemption sought in the application shall be deemed accepted in its entirety. The governor signed this bill on May 8th and is now in effect.

 

  • SB 458 amends Article 1 of Chapter 5 of Title 48 of the O.C.G.A to allow for payment of attorney’s fees, change requirements of bona fide conservation use, and to allow family owned farms to discontinue a qualifying use of bona fide conservation use property while incurring a reduced penalty. If the final decision on appeal to superior court is to approve the application for current use assessment, the taxpayer shall recover costs of litigation and reasonable attorney’s fees. If the final determination on appeal to superior court is to reverse the board of tax assessor’s decision to enforce a breach of the covenant, the taxpayer will recover costs of litigation and reasonable attorney’s fees. Taxpayers will receive no penalty until after the board of tax assessors’ determination of breach of the covenant is concluded. The governor signed SB 458 on May 8th, and it will go into effect as of July 1, 2018.

 

  • HB 820 amends O.C.G.A. § 48-5-44 and provides a new homestead exemption for Fulton County residents. The exemption will equal the amount by which the current year’s assessed value exceeds the adjusted base year value of such homestead. HB 820 was signed by the Governor on May 3rd. It will appear on the ballot in November 2018.

 

  • HB 1036 – While not directly related to tax concerns, this bill now requires every deed to have the Tax Parcel ID number at the top of the first page of the deed or other instrument affecting title. The governor signed the bill into effect on May 8th. 

 

  • Other Homestead exemptions (all signed on May 8th and to be voted on Election Day):

o   HB 707 – City of Roswell

o   HB 708 – City of Johns Creek

o   HB710 – Milton

o   HB 711 – Mountain Park City

o   HB 712 – Alpharetta

o   HB 863 – restate Homestead exemption for Jonesboro.

o   SB 317 – Fulton County

o   HB 1028 – Spalding County

o   HB 1064 – Fulton County homestead exemption is raised to $50,000

o   SB 485 – City of Atlanta Independent School District homestead exemption is raised to $50,000.