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07/01/2019
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07/01/2019
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Last modified
12/31/2019 1:28:23 PM
Creation date
7/2/2019 11:53:26 AM
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Meetings
Meeting Type
Value Adjustment Board
Document Type
Agenda Packet
Meeting Date
07/01/2019
Meeting Body
Value Adjustment Board
Subject
Organizational Agenda Packet
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"statutory muster", he also admitted that there are no minimum statutory amounts of bee hives <br />needed to ensure "the passing of statutory muster" on the issue, and admitted that there are no <br />cases that speak to the minimum amount of beehives needed for good faith in this matter. As a <br />result, that issue was not controlling or persuasive for the undersigned Special Magistrate. <br />The undersigned Special Magistrate finds that the persuasive case law evidence In the Matter of <br />the Protest of Chitwood, Jonathan W. & Tricia K, for the Year 2009 in Miami County Kansas <br />ease'(part of the evidence submitted by the Petitioners) is persuasive in this instant matter before <br />the undersigned Special Magistrate. Hereinafter, said case will be referred to as "Chitwood" in <br />the analysis below. <br />The relevant part of "Chitwood" was that the Petitioner in that case was able to show that <br />Petitioner was entitled to the full benefit of the agricultural exemption for the full 17.5 acres at <br />issue by showing by a preponderance of the evidence submitted in that case, that the Petitioner <br />actually "cultivated goldenrod flowers on the entirety of the subject parcel" and that the <br />goldenrod flowers "are integral part of the beekeeping operation." The holding in the case went <br />on as follows: "Consequently, all of the land of the subject parcel, whether it contains the <br />goldenrod flowers or the beehives is used in the production of bees and bee -related products." <br />The evidence in the instant matter before this undersigned Special Magistrate does not show the <br />same, however. <br />Petitioner counsel Julie Zahniser, Esq. who testified as a witness that the Brazilian pepper trees <br />on the property grow "naturally and freely" along with "many different other naturally growing <br />plants" and "are not cultivated and not planting it and not fertilizing it" when speaking to the <br />plant growth that grows wild on the parcels in the "undeveloped" areas of the parcels at issue <br />with the corresponding petitions (2013-169, 2013-170, 2013-171, 2013-172, 2013-173, 2013- <br />174, 2013-175, 2013-176). That seems to suggest to this undersigned Special Magistrate that the <br />areas of the parcels at issue in the instant matter that do not have the bee hive pallets on them, <br />along with the ingress and egress on the parcels to get to the bee hives, are not "bona fide <br />agricultural purposes" and "good faith commercial agricultural uses of the land" and therefore <br />those areas of the property should not be subject to the benefits of the exempt status of the <br />"Greenbelt Agricultural Classification." <br />The preponderance of the evidence submitted in the instant matter has demonstrated that "use of <br />the land is still the guidepost" for the benefits of the exempt status of the "Greenbelt Agricultural <br />Classification" and undeveloped and uncultivated areas will not be able to benefit from the <br />exemption based upon the facts of this matter and the admitted evidence as to how this "bee <br />agricultural business" is conducted. <br />Indeed, the term "bona fide agricultural purposes" means "good faith commercial agricultural <br />use of the land" as per the language of the statute 193.461. Petitioner's own documentary <br />evidence also reinforces this analysis of this recommendation. For instance, the 51a Fla. Jur 2d <br />14 <br />- 53 - <br />
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