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MGL.61A:1-24 APR
Assessment and taxation of agricultural and horticultural land
61A:1. Land in agricultural
use defined.
Section I. Land shall be deemed to be in agricultural use when primarily
and directly used in raising animals, including, but not limited to, dairy
cattle, beef cattle, poultry, sheep, swine, horses, ponies, mules, goats,
bees and fur-bearing animals, for the purpose of selling such animals
or a product derived from such animals in the regular course of business;
or when primarily and directly used in a related manner which is incidental
thereto and represents a customary and necessary use in raising such animals
and preparing them or the products derived therefrom for market.
61A:2. Land in horticultural use defined.
Section 2. Land shall be deemed to be in horticultural use when primarily
and directly used in raising fruits, vegetables, berries, nuts and other
foods for human consumption, feed for animals, tobacco, flowers, sod,
trees, nursery or greenhouse products, and ornamental plants and shrubs
for the purpose of selling such products in the regular course of business;
or when primarily and directly used in raising forest products under a
program certified by the state forester to be a planned program to improve
the quantity and quality of a continuous crop for the purpose of selling
such products in the regular course of business; or when primarily and
directly used in a related manner which is incidental thereto and represents
a customary and necessary use in raising such product, and preparing them
for market.
61A:3. Land of rive-acre minimum area actively
devoted to agricultural or horticultural uses defined; gross sales and
program payment standard.
Section 3. Land not less than five acres in area shall be deemed to be
actively devoted to agricultural or horticultural uses when the gross
sales of agricultural, horticultural or agricultural and horticultural
products resulting from such uses together with the amount, if any, payable
under a soil conservation or pollution abatement program of the federal
government or the commonwealth total not less than five hundred dollars
per year or when the use of such land is clearly proven to be for the
purpose of achieving an annual total of not less than five hundred dollars
from such gross sales and program payments within normal product development
period as determined by the farmland valuation advisory commission established
pursuant to section eleven of this chapter. In cases where the land is
more than five acres in area, the gross sales and program payment standard
above set forth shall be increased at the rate of five dollars per acre
except in the case of woodland or wetland for which such increase shall
be at the rate of fifty cents per acre.
61A:4. Valuation of land in agricultural, etc. use; contiguous
land; tax rate.
Section 4. For general property tax purposes, the value of land, not less
than five acres in area, which is actively devoted to agricultural, horticultural
or agricultural and horticultural uses during the tax year in issue and
has been so devoted for at least the two immediately preceding tax years,
shall, upon application of the owner of such land and approval thereof,
be that value which such land has for agricultural or horticultural purposes.
For the said tax purposes, land so devoted shall be deemed to include
such contiguous land under the same ownership as is not committed to residential,
industrial or commercial use and which is covered by application submitted
pursuant to section six. Land shall be deemed contiguous if it is separated
from other land under the same ownership only by a public or private way
or waterway. Land under the same ownership shall be deemed contiguous
if it is connected to other land under the same ownership by an easement
for water supply. All such land which is contiguous or is deemed contiguous
for purposes of this chapter shall not exceed in acreage one hundred per
cent of the acreage which is actively devoted to agricultural, horticultural
or agricultural and
horticultural uses. The rate of tax applicable to such agricultural or
horticultural land shall be the rate determined to be applicable to class
three, commercial property under chapter fifty-nine.
61A:5. Contiguous land under one ownership within more than one
city or own.
Section 5. Where contiguous land in agricultural, horticultural or agricultural
and horticultural uses under one ownership is located in more than one
city or town, compliance with the five-acre minimum area requirements
of section four shall be determined on the basis of the entire area of
such land and not on the basis of the land area which falls within the
bounds of any particular city or town.
61A:6. Annual determination of eligibility for valuation; application;
form certification.
Section 6. Eligibility of land for valuation, assessment and taxation
pursuant to section four shall be determined separately for each tax year.
Application therefor shall be submitted to the board of assessors of each
city or town in which such land is situated not later than October first
of the year preceding each tax year for which such valuation, assessment
and taxation are being sought and may not thereafter be withdrawn.
Application shall be made on a form prescribed by the commissioner of
revenue and provided for the use of claimants by said board of assessors.
Such form shall provide for the reporting of information pertinent to
the provisions of this chapter 1and of Article XCIX of the Articles of
Amendment to the Constitution of the Commonwealth and for certification
by the applicant that he will immediately notify the board of assessors
in writing of any subsequently developing circumstance within his control
or knowl edge which may cause a change in use of the land covered
by such form prior to October first next following. Any application submitted
under this section and covering leased land shall be accompanied by a
written statement signed by any lessee of his intent to use such land
for the purposes set forth in said application. A certification by a landowner
that the information set forth in his application is true may be prescribed
by said commissioner to be in lieu of a sworn statement to that effect.
An application so certified shall be considered as if made under oath
and subject to the same penalties as provided by law for perjury.
61A:7. Additional assessment; change in use in pre-tax yearbetween
October 1 and December 31.
Section 7. If a change in use of land actively devoted to agricultural,
horticultural or agricultural and horticultural use occurs between October
first and December thirty-first of the year preceding the tax year, the
board of assessors shall disallow or nullify the application filed under
authority of section six, and, after examination and inquiry, shall determine
the full and fair value of said land under the valuation standard applicable
to other land and shall assess the same according to such value. If, notwithstanding
such change of use, the land is valued, assessed and taxed under the provisions
of this chapter in the ensuing year, upon notice thereof said board shall
enter an assessment and the amount of the increased tax resulting from
such assessment, as an added assessment and tax against such land, in
the "Omitted list" for the particular year involved in the manner
prescribed in section seventy-five of chapter fifty-nine. The amount of
the added assessment shall be equal to the difference, if any, between
the assessment imposed under this chapter and the assessment which would
have been imposed had the land been valued and assessed as other land.
The enforcement and collection of additional taxes resulting from any
additional assessment so imposed shall be as provided by said chapter
fifty-nine. The additional assessment imposed under this section shall
not affect the conveyance or roll-back taxes, if any, applicable under
sections twelve and thirteen.
61A:8. Timely riling of application in towns or cities with programs
of revaluation not completed by October 1 of pre-tax year.
Section 8. In any city or town in which a program of revaluation of all
property therein has been or shall be undertaken and completed in time
to be reflected in the assessments for the next succeeding tax year but
not in sufficient time to permit landowners to make application prior
to October first of the pre-tax year for the valuation, assessment and
taxation of their lands for the ensuing tax year on the basis of
being actively devoted to agricultural or horticultural use, any such
application which has been or shall be filed with the board of assessors
after October first and not more than thirty days following the mailing
of the tax bill containing the new valuation shall be deemed to have been
timely made for the tax year of the revaluation program, notwithstanding
any provision of this chapter to the contrary. If such application is
approved and the lands qualify for valuation, assessment and taxation
as lands actively devoted to agricultural, horticultural or agricultural
and horticultural use in the ensuing tax year, that portion of any tax
assessed for such year which is in excess of the tax which would have
been assessed on such lands had such application been timely made and
approved shall be abated.
61A:9. Allowance or disallow of application for valuation; notice;
lens.
Section 9. An application for valuation, assessment and taxation of land
under the provisions of this chapter shall be allowed or disallowed by
the board of assessors of the city or town in which such land is located
within three months of the filing thereof. An application for valuation,
assessment and taxation of land under the provisions of this chapter shall
be disallowed by the board of assessors of the city or town in which such
land is located if, in their judgment such land, in whole or in part,
does not qualify thereunder. If any board of assessors shall determine
that any application pursuant to this chapter is
submitted for the purpose of evading payment of full and proper taxes,
such board shall be and hereby is authorized to disallow such application.
The failure of a board of assessors to allow or disallow any such application
within three months following the filing thereof, shall be deemed an allowance
of such application. The board of assessors shall, within ten days of
an allowance, or disallowance, send written notice of such allowance,
or disallowance, by certified mail to the landowner applicant and shall
set forth therein the reason or reasons for disallowance together with
a statement advising the landowner of his right to appeal therefrom as
provided in section nineteen. In the case of a partial disallowance, the
landowner shall be permitted to file an amendment to the original application.
-
- With respect to the first application
relating to a parcel of land which has been approved, and any subsequent
such applications after a lapse of time when such land has not been
valued, assessed and taxed under this chapter or after a change of record
ownership of such land, the board of assessors shall forthwith cause
to be recorded in the registry of deeds of the county or district in
which the city or town is situated a statement of their action which
shall constitute a lien upon the land covered by such application for
such taxes as may be levied under the provisions of this chapter. The
statement shall name the owner or owners of record and shall include
a description of the land adequate for identification.
-
- Unless such a statement is recorded the
lien shall not be effective with respect to a bona fide purchaser or
other transferee without actual knowledge of such lien. Upon application
by any record owner, such liens shall be released by the board of assessors
with respect to any parcel of land as provided below in
this section upon the applicable facts being established by their records
or by affidavits or otherwise.
All liens for special assessments or betterment assessments under section
eighteen shall be released in full or in part upon its being so established
that any such assessment or portion of such assessment which have become
due have been paid.
- All liens for conveyance tax under section
twelve, shall be released upon its being so established that no conveyance
or change of use by the owner at the time of such release will result
in a conveyance tax under said section twelve or that any such taxes
which have become due have been paid. All liens for roll-back taxes
under section thirteen, other than rollback taxes based on change of
use after the date of such release, shall be released upon its being
so established that no roll-back taxes have become due or that any such
taxes which have become due have been paid. The board of assessors shall
also have the power and authority to release any such liens to correct
any errors or omissions. Any release under this section shall be recorded
with the registry of deeds. When any land which has been valued, assessed
and taxed under this chapter ceases to be so valued, assessed and taxed
the board of assessors shall forthwith record in the registry of deeds
a statement to that effect which shall include the name of the record
owner or owners, the date when such land ceased to be so valued, assessed
and taxed and a description of the land adequate for identification.
-
- All recording fees paid pursuant to the
provisions of this chapter whether for statements of liens, certificates,
releases or otherwise shall be borne by the owner of record of the land.
61A:10. Factors to be considered in valuing land.
Section 10. The board of assessors of a city or town, in valuing land
with respect to which timely application has been made and approved
as provided in this chapter, shall consider only those indicia of value
which such land has for agricultural, horticultural or agricultural
and horticultural uses. Said board, in establishing the use value of
such land, shall use the list of ranges published pursuant to section
eleven and its personal knowledge, judgment and experience as to such
agricultural land values.
61A:ll. Farmland valuation advisory commission; expenditures.
Section 11. There is hereby created a farmland valuation advisory commission,
the members of which shall be the commissioner of revenue who shall
be chairman, the commissioner of agriculture, the secretary of communities
and development, the dean of the college of food and natural resources
of the University of Massachusetts, or their respective designees, and
one person to be appointed by the governor who shall be a member of
a local board of assessors. The commission shall meet from time to time
at the call of any of the above named commissioners and shall, prior
to January first of each year, determine, for application during the
ensuing tax year, a range of values on a per acre basis for each of
the several classifications of land in agricultural or horticultural
uses in the several counties of the commonwealth. The annual list of
value ranges so determined shall be published by the commissioner of
revenue and shall be mailed by him to the board of assessors of each
city and town in the commonwealth no later than February first of each
year. In determining such ranges in value, the commission shall consider
evidence of agricultural or horticultural land use capability available
from soil surveys and such other evidence and documentation as may,
in its judgment, appear pertinent. The commissioner of revenue may expend
such sums as may be appropriated from the agricultural purposes fund
for the purposes of securing data for use in determinations by said
commission and for expenses incurred in the administration of this chapter.
61A:12. Sale of land or change of use; liability for conveyance
tax.
Section 12. Any land in agricultural, hortictultural or agricultural
and horticultural use which is valued, assessed and taxed under the
provisions of this chapter, if sold for other use within a period of
ten years from the date of its acquisition or the earliest date of its
interrupted use by the current owner in agriculture or horticulture,
whichever is earlier, shall be subject to a conveyance tax applicable
the total sales price of such land, which tax shall be in addition to
such taxes as may be imposed under any other provision of law. Said
conveyance tax shall be at the following rate: ten per cent if sold
within the first year of ownership; nine per cent if sold within the
second year of ownership; eight per cent if sold within the third year
of ownership; seven per cent if sold within the fourth year of ownership;
six per cent if sold within the fifth year of ownership; five per cent
if sold within the sixth year of ownership; four per cent if sold within
the seventh year of ownership; three per cent if sold within the eighth
year of ownership; two per cent if sold within the ninth year of ownership;
one per cent if sold within the tenth year of ownership. No conveyance
tax shall be imposed under the provisions of this section following
the end of the tenth year of ownership.
- Said conveyance tax shall be due and payable
by the grantor at the time of transfer of the property by deed or other
instrument of conveyance and shall be payable to the tax collector of
the city or town in which the property is entered upon the tax list;
provided, that, in the case of taking by eminent domain, the value of
the property taken shall be determined in accordance with the provisions
of chapter seventy-nine and the amount of conveyance tax, if any, shall
be added thereto as an added value; and
provided further, that if there is filed with the board of assessors
an affidavit by the purchaser that such land is being purchased for
agricultural, horticultural or agricultural and horticultural use, no
conveyance tax shall be payable by the seller by reason of such sale,
but if such land is not in fact continued in such use, the purchaser
shall be liable for any conveyance tax that would have been payable
on such sale as a sale for other use. Except with respect to eminent
domain takings, the provisions of this section shall not be applicable
to the following: mortgage deeds; deeds to or by the city or town in
which such land is located; deeds which correct, modify, supplement
or confirm a deed previously recorded; deeds between husband and wife
and parent and child when no consideration is received; tax deeds; deeds
releasing any property which is a security for a debt or other obligation;
deeds for division of property between owners without monetary consideration;
foreclosures of mortgages and conveyances by the foreclosing parties;
deeds made pursuant to a merger of a corporation or by a subsidiary
corporation to its parent corporation for no consideration other than
the cancelation and surrender of capital stock of such subsidiary which
do not change beneficial ownership; and property transferred by devise
or otherwise as a result of death. A nonexempt transfer subsequent to
any exempt transfer or transfers shall be subject to the provisions
of this section.
- Upon such nonexempt transfer the date
of acquisition by the grantor, for purposes of this section, shall be
deemed to be the date of the last preceding transfer not excluded by
the foregoing provisions from application of this section; except that
in the case of transfer by a grantor who has acquired the property from
a foreclosing mortgagee the date of acquisition shall be deemed to be
the date of such acquisition. Any land in agricultural or horticultural
use which is valued, assessed and taxed under the provisions of this
chapter, if changed by the owner thereof to another use within a period
of ten years from the date of its acquisition by said owner, shall be
subject to the conveyance tax applicable hereunder at the time of such
change in use as if there had been an actual conveyane, and the value
of such land for the purpose of determining a total sales price shall
be fair market value as determined by the board of assessors of the
city or town involved for all other property. If any tax imposed under
this section should not be paid, the collector of taxes shall have the
same powers and be subject to the same duties with respect to such
taxes as in the case of the annual taxes upon real estate, and the law
in regard to the collection of the annual taxes, to the sale of land
for the nonpayment thereof and to redemption therefrom shall aplly to
such taxes, so far as sthe same are applicable.
61A:13. Change of use; liability for roll-back taxes.
Section 13. Whenever land which is valued, assessed and taxed under
this chapter no longer qualifies as actively devoted to agricultural,
horticultural or agricultural and horticulture use, it shall be subject
to additional taxes, hereinafter referred to as roll-back taxes, in
the current tax year in which it is disqualified and in such of the
four immediately preceding tax years in which the land was so valued,
assessed and taxed; provided that such roll-back taxes shall not be
applicable unless the amount thereof as computed pursuant to this section,
exceeds the amount, if any, imposed under the provisions of section
twelveand, in such case, the land shall not be subject to the conveyance
tax imposed under said section twelve; and provided, further, that no
roll-back taxes shall be applicable if the land involved is
purchased for a public purpose by the city or town in which it is situated.
For each year, the roll-back tax shall be an amount equal to the difference,
if any, between the taxes paid or payable
-
- in accordance with the provisions of this
chapter and the taxes that would have been paid or payable had the land
been valued, assessed and taxed without regard to such provisions. If,
at the time during a tax year when a change in land use has occurred,
the land was not then valued, assessed and taxed under the provisionsof
this chapter, then such land shall be subject to roll-back taxes only
for such of the five immediately preceding years in which the land was
valued, assessed and taxed thereunder. In
determining the amount of roll-back taxes on land which has undergone
a change in use, the board of assessors shall have ascertained the following
for each of the roll-back tax years involved:
- (a) The full and fair
value of such land under the valuation standard applicable to other
land in the city or town;
- (b) The amount of the
land assessment for the particular tax year.
- (c) The amount of the
additional assessment on the land for the particular tax year by deducting
the amount of the actual assessment on the land for that year from the
amount of the land assessment determined under subsection (a); and,
- (d) The amount of the
roll-back tax for that tax year by multiplying the amount of the additional
assessment determined under subsection
- (e) by the general property
tax rate of the city or town applicable for that tax year.
61A:14. Sale for or conversion to
residential or commercial use; notice intent to city or town; option to
purchase; assignment of option.
Section 14. Land which is valued, assessed and taxed on the basis of its
agricultural or horticultural use under an application filed and approved
pursuant to this chapter shall not be sold for or converted to residential,
industrial or commercial use while so valued, assessed and taxed unless
the city or town in which such land is located has been notified of intent
to sell for or convert to such other use; provided, however, that the
discontinuance of the use of such land for agricultural or horticultural
purposes shall not be deemed a conversion. Specific use of land for a
residence for the owner or a parent, grandparent, child, grandchild, or
brother or sister of the owner, or the surviving husband or wife of any
deceased such relative, or for living quarters for any persons actively
employed full time in the agricultural or horticultural use of such land,
shall not be deemed to be a conversion for purposes of this section; and
a certificate of the board of assessors, recorded with the registry of
deeds, shall conclusively establish that a particular use is such a use.
For a period of one hundred twenty days subsequent to such notification,
said city or town shall have in the case of an intended sale, a first
refusal option to meet a bona fide offer to purchase said land, or, in
the case of an intended conversion not involving sale, an option to purchase
said land at full and fair market value to be determined by impartial
appraisal. After a public hearing, said city or town may assign either
of said options to a nonprofit conservation organization under such terms
and conditions as the mayor or board of selectmen deem
appropriate. Such assignment shall be for the purpose of continuing the
agricultural or horticultural use of the major portion of the property
subject to this assignment. Notice of said public hearing shall be given
in accordance with the provisions of section twenty-three B of chapter
thirty-nine. Such notice of
intent shall be sent by the landowner via certified mail to the mayor
and city council of a city, or to the board of selectmen of a town, to
its board of assessors and to its planning board and conservation commission,
if any, and said option period shall run from the day following the latest
date of deposit of any of such notices in the United States mails. No
sale or conversion of such land shall be consummated unless and until
either said option period shall have expired or the landowner shall have
been notified in writing by the mayor or board of selectmen of the city
or town in question that said option will not be exercised. Such option
may be exercised only by written notice signed by the mayor or board of
selectmen, mailed to the landowner by certified mail at such address as
may be specified in his notice of intention and recorded with the registry
of deeds, within the option period. If either option has been assigned
to a nonprofit conservation organization as provided in this section,
said written notice shall state the name and address of said organization
and the terms and conditions of said assignment. An affidavit by a notary
public that he has so mailed such a notice of intent on behalf of a landowner
shall conclusively establish the manner and time of the giving of such
notice; and such an affidavit, and such a
notice that the option will not be exercised, shall be recorded with the
registry of deeds. Each such notice of intention, notice of exercise of
the option and notice that the option will not be exercised shall contain
the name of the record owner of the land and a description of the premises
so to be sold or converted adequate for identification thereof; and each
such affidavit by a notary public shall have attached to it a copy of
the notice of intention to which it relates. Such notices of intention
shall be
deemed to have been duly mailed to the parties above specified if addressed
to them in care of the town or city clerk; and in the case of notice to
a city council or a board or commission, addressed to it as such entity.
The provisions of this section shall not be applicable with respect to
a mortgage foreclosure
sale; but the holder of a mortgage shall, at least ninety days before
a foreclosure sale, send written notice of the time and place of such
sale to the parties and in the manner above provided in this section for
notice of intent to sell or convert, and the giving of such notice may
be established by an affidavit of a
notary public as set forth above.
61A:15. Taxation of buildings and land occupied by dwelling.
Section 15. All buildings located on land which is valued, assessed and
taxed on the basis of its agricultural or horticultural uses in accordance
with the provisions of this chapter and all land occupied by a dwelling
or regularly used for family living shall be valued, assessed and taxed
by the same standards, methods and procedures as other taxable property.
61A:16. Continuance of land valuation, assessment and taxation
under this chapter dependent upon qualifying use.
Section 16. Continuance of land valuation, assessment and taxation under
the provisions of this chapter shall depend upon continuance of such land
in agricultural or horticultural uses and compliance with other requirements
of this chapter and not upon continuance in the same owner of title to
such land. Liability to
roll-back taxes, determined pursuant to section thirteen, shall attach
when such land no longer qualifies as actively devoted to agricultural
or horticultural use and shall be the obligation of the then owner of
the land. For purposes relating to roll-back taxes such qualification
shall depend on the actual use of such
land, and not on the filing of application under section six for any year.
61A:17. Separation of land to other use; liability for conveyance
or roll-back taxes; continuing qualification of remainder.
Section 17. If, by conveyance or other action of the owner thereof, a
portion of land which is valued, assessed and taxed under the provisions
of this chapter is separated for a use other than agricultural or horticultural,
the land so separated shall be subject to liability for conveyance or
roll-back taxes applicable thereto, but such separtion shall not impair
the right of the remainder of such land to continuance of valuation, assessment
and taxation thereunder; provided, that such remaining land continues
to qualify under the usage, minimum acreage and other provisions thereof.
9
61A:18. Special or betterment assessments; payment.
Section 18. Land qualifying for valuation, assessment and taxation under
this chapter shall be subject to special assessments or betterment assessments
to such pro rata extent as the service or facility financed by such assessment
is used for improving the agricultural or horticultural use capability
of said land or for the personal benefit of the owner thereof. Any such
assessment and interest on account of such suspended special assessment
or betterment assessments shall, however, upon application, be suspended
during the time the land is in agricultural or horticultural use and shall
become due and payable as of the date when the use of such land is changed.
The suspended interest shall be equal to the total amount of interest
which would have been paid if interest had been paid annually. In the
event only a portion of a tract of land which benefits from a suspension
of payment is changed from such use, the assessment including interest
shall become due and payable as of the date when the use was changed only
to the extent of and in the proportion that the frontage of such portion
bears to the street frontage of the entire tract of land which originally
benefited from a suspension of payment. Upon full payment of a portion
of a suspended assessment including interest, the tax collector may dissolve
the lien for the assessment insofar as it affects the portion of the land
changed from agricultural or horticultural use. The lien for the portion
of the original assessment including interest which remains unpaid shall
continue and remain in ful force and effect until dissolved in accordance
with law. A request for such release shall be made in writing to the tax
collector, and shall be accompanied by a plan and such other information
as is required in the case of a request for a division of an assessment
pursuant to section fifteen.
61A:19. Roll-back taxes; procedures for assessment; appeal to
appellate tax
Section 19. The assessment, collection, apportionment and payment over
of the roll-back taxes imposed by section thirteen shall be governed by
the procedures provided for the assessment and taxation of omitted property
under section seventy-five of chapter fifty-nine. Such procedures shall
apply to each tax year for which roll-back taxes may be imposed notwithstanding
the limitation set forth in said chapter fifty-nine with respect to the
periods for which omitted property assessments may be imposed.
- Any person aggrieved by any determination
or assessment by the board of assessors under this chapter may within
sixty days of the date of notice thereof apply in writing to the assessors
for modification or abatement thereof. Any person aggrieved by the refusal
of the assessors to modify such a determination or make such an abatement
or by their failure to act upon such an application may appeal to the
appellate tax board within thirty days after the date of notice
of their decision or within three months of the date of the application,
whichever date is later. It shall be a condition of such appeal with
respect to the annual general property tax that the asserted tax be
paid, but no payment shall be required as a condition of such appeal
with respect to any asserted conveyance tax or roll-back tax. If any
payment of any tax imposed by this chapter should be made and as the
result modification or abatement by the board of assessors or decision
by the appellate tax board it shall appear that any such tax has been
overpaid, such excess payment shall be reimbursed by the town treasurer
with interest at the rate of six per cent per annum from time of payment.
Collection of any conveyance or roll back taxes, by sale or taking or
otherwise, may be stayed by the appellate tax board while any such appeal
is pending. Any partial payment of the asserted tax that may be required
by the appellate tax board in connection with such stay shall not exceed
one half of the asserted tax.
61A:19A. Sale of land; certification of taxes paid or payable.
Section 19A. In connection with any proposed or completed sale or other
transfer of any land which has been valued, assessed and taxed under
the provisions of this chapter, the owner of record of the land may
apply to the board of assessors for a certificate of the amount of conveyance
tax and roll-back tax, if any, payable by reason of such sale or other
transfer, or that no such tax will or has so become payable and stating
the amount of any conveyance or roll-back taxes that have theretofore
become payable with respect to such land; and such a certificate shall
be provided to the applicant within twenty days after application therefor.
Such certificate may be recorded with the registry of deeds; and upon
recording of such a certificate that no such tax will or has so become
payable, or a certificate by the collector of taxes that the amount
of tax stated in such certificate of the board of assessors has been
paid, all liens on such land for taxes under this chapter shall terminate,
except that any liens for any rollback taxes assessed by reason of such
land ceasing to qualify for valuation, assessment and taxation under
this chapter after the date of such sale or other transfer, shall continue.
In connection with the issuance of such a certificate, the board of
assessors may rely upon their own records, affidavits and such other
information as they may deem appropriate. The board of assessors shall
charge six dollars for each certificate so issued, and the money so
received shall be paid into the town treasury.
61A:20. Valuation and assessment for purposes other than provisions
of this chapter; equalization.
Section 20. For any purpose, other than the provisions of this chapter,
for which the assessed value of land is relevant, including exemptions
under the provisions of chapter fifty-nine, land qualifying for taxation
under this chapter shall be valued and deemed to have been assessed
by the same standards, method and procedures as other taxable property.
In determining the equalization required by section nine of chapter
fifty-eight the commissioner of revenue shall determine the value of
such land on the basis of its agricultural and horticultural use.
61A:21. Factual details on tax list.
Section 21. The factual details to be shown on the tax list of a board
of assessors with respect to land which is valued, assessed and taxed
under this chapter shall be the same as those set forth by said board
with respect to other taxable property in the same city or town.
61A:22. Rules and regulations; forms and procedures.
Section 22. The commissioner of revenue shall promulgate such rules
and regulations and shall prescribe the use of such forms and procedures
as he deems appropriate to and consistent with effectuation of the purposes
of this chapter.
61A:23. Use of valuation, etc. procedures to evade taxes; penalties.
Section 23. Any person using the valuation, assessment and taxation
procedures set forth in this chapter for the purposes of evading payment
of full and proper taxes shall be subject to a fine of not more than
ten thousand dollars or imprisonment for one year or both and to payment
to the city or town in which the land is located of an amount equal
to three times the amount of taxes so evaded.
61A:24. Severability.
Section 24. If any clause, sentence, subdivision, paragraph, section
or part of this act be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, subdivision, paragraph, section or part thereof directly
involved in the controversy in which said judgment shall have been rendered.
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