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08/08/2024
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08/08/2024
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Last modified
8/8/2024 10:13:53 AM
Creation date
8/2/2024 9:44:05 AM
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Meetings
Meeting Type
Value Adjustment Board
Document Type
Agenda Packet
Meeting Date
08/08/2024
Meeting Body
Solid Waste Disposal Board
Subject
2024 Value Adjustment Board Organizational Meeting
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c. The purchase price paid. <br />d. Size, as it relates to specific agricultural use, but a minimum acreage may not be required for <br />agricultural assessment. <br />e. Whether an indicated effort has been made to care sufficiently and adequately for the land in <br />accordance with accepted commercial agricultural practices, including, without limitation, fertilizing, <br />liming, tilling, mowing, reforesting, and other accepted agricultural practices. <br />f. Whether the land is under lease and, if so, the effective length, terms, and conditions of the lease. <br />g. Such other factors as may become applicable. <br />PETITION: Petitions #39 is recommended to be DENIED on the issue of the statutory criterion of only <br />lands that are used primarily for bona fide agricultural purposes shall be classified agricultural along with <br />the term "bona fide agricultural purposes" which means good faith commercial agricultural use of the <br />land. <br />ANALYSIS <br />In the instant matter, a preponderance of the evidence shows that the parcel did not meet the test of <br />"only lands that are used primarily for bona fide agricultural purposes shall be classified agricultural" <br />along with the term "bona fide agricultural purposes" which means "good faith commercial agricultural <br />use of the land" on the acreage that was reduced. <br />In the instant matter, the acreage was reduced to 41.27 acres agricultural with 22.59 nursery and 18.68 <br />acres grazing with the grazing reduced by 34.20 acres because of the non-use. A preponderance of the <br />evidence shows that the Property Appraiser's allegations of non-use of the 34.20 acres were justified. A <br />preponderance of the evidence shows that the site inspections which were the basis for the reduction <br />along with the aerial views along with the Property Appraiser speaking to the Petitioner about the non- <br />use along with the evidence no fencing for cattle on the property, no cattle on the property, no evidence <br />of cattle for the lease were persuasive in the instant denial for the relief that the Petitioner seeks. A <br />preponderance of the evidence shows that the acreage which was reduced by the Property Appraiser did <br />not comport with the (b) prong of the statute and the "Whether the use has been continuous" because <br />the preponderance of the evidence shows that the use has not been continuous. A preponderance of <br />the evidence shows that the acreage which was reduced by the Property Appraiser did not comport with <br />the (e ) prong of the statute and the "Whether an indicated effort has been made to care sufficiently and <br />adequately for the land in accordance with accepted commercial agricultural practices, including, <br />without limitation, fertilizing, liming, tilling, mowing, reforesting, and other accepted agricultural <br />practices" because of the preponderance of the evidence showing that the property had no fencing for <br />cattle, no cattle on the property, no evidence of cattle as per the testimony of the Property Appraiser <br />and that the Petitioner's testimony that cows were not on the property full time and that the Petitioner <br />by and through his testimony showed that the Petitioner has had fencing issues which allowed the cattle <br />to leave the property along with the Petitioner's testimony that the Petitioner moved the cows to an <br />adjacent property on 2022. <br />A preponderance of the evidence shows that this analysis is evidence of the statutory criterion of "only <br />lands that are used primarily for bona fide agricultural purposes shall be classified agricultural" along <br />-37- <br />
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