08/16/2023 VAB - Laserfiche WebLink

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term "bona fide agricultural purposes" means good faith commercial agricultural use of the land is the guideline and the basis for the denial. 1. In determining whether the use of the land for agricultural purposes is bona fide, the following factors may be taken into consideration: a. The length of time the land has been so used. b. Whether the use has been continuous. c. The purchase price paid. d. Size, as it relates to specific agricultural use, but a minimum acreage may not be required for agricultural assessment, e. Whether an indicated effort has been made to care sufficiently and adequately for the land in accordance with accepted commercial agricultural practices, including, without limitation, fertilizing, liming, tilling, mowing, reforesting, and other accepted agricultural practices. f. Whether the land is under lease and, if so, the effective length, terms, and conditions of the lease. g. Such other factors as may become applicable. PETITION: Petition ##14 is recommended to be DENIED on the issue of the statutory criterion of only lands that are used primarily for bona fide agricultural purposes shall be classified agricultural along with the term "bona fide agricultural purposes" which means good faith commercial agricultural use of the land. In the instant matter, a preponderance of the evidence shows that parcel did not meet that test and as a result, it is recommended the petition be denied. Indeed, Testimony from the Petitioner that the Petitioner has not sold anything commercially and is not interested in a "commercial money -making scheme" along with testimony from the Petitioner that the Petitioner has not set up a commercial enterprise nor has the Petitioner set up a 501(c) 3, is very persuasive in recommendation for the denial in this matter. ANALYSIS In this instant matter, a preponderance of the evidence shows that: Testimony from the Property Appraiser's Office that while the Petitioner previously had the classification with a timber classification, the ownership changed on November 11, 2020 and applied last year as a late file. Testimony from the Property Appraiser's Office that the Petitioner has a forest management plan but that the Petitioner has not carried out that plan as to the property. Testimony from the Property Appraiser's Office that the Forrest Management Plan was submitted in the application this year on January 23, 2022. Testimony from the Petitioner that the Petitioner has not sold anything commercially and is not interested in a "commercial money -making scheme." Testimony from the Petitioner that the Petitioner has not set up a commercial enterprise nor has the Petitioner set up a 501(c) 3. For the aforementioned reasons the recommendation for this matter for Petition: Petition ##14 should be NOT BE GRANTED for the classification that the Petitioner is seeking. -27-