1     
AGRICULTURAL ASSESSMENT AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael L. Kohler

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions of the Farmland Assessment Act and the Urban Farming
10     Assessment Act.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that if a person withdraws land from assessment under the Farmland
14     Assessment Act, any portion of the land that is assessed under the Urban Farming
15     Assessment Act is not subject to a rollback tax;
16          ▸     establishes a renewal application under the Urban Farming Assessment Act;
17          ▸     for property that was previously assessed under the Farmland Assessment Act,
18     addresses eligibility and application of the rollback tax under the Urban Farming
19     Assessment Act; and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          This bill provides retrospective operation.
25     Utah Code Sections Affected:
26     AMENDS:
27          59-2-506, as last amended by Laws of Utah 2017, Chapter 319

28          59-2-1703, as last amended by Laws of Utah 2019, Chapter 492
29          59-2-1705, as last amended by Laws of Utah 2017, Chapter 319
30          59-2-1707, as last amended by Laws of Utah 2017, Chapter 319
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 59-2-506 is amended to read:
34          59-2-506. Rollback tax -- Penalty -- Computation of tax -- Procedure -- Lien --
35     Interest -- Notice -- Collection -- Distribution.
36          (1) Except as provided in this section, Section 59-2-506.5, or Section 59-2-511, if land
37     is withdrawn from this part, the land is subject to a rollback tax imposed in accordance with
38     this section.
39          (2) (a) An owner shall notify the county assessor that land is withdrawn from this part
40     within 120 days after the day on which the land is withdrawn from this part.
41          (b) An owner that fails to notify the county assessor under Subsection (2)(a) that land is
42     withdrawn from this part is subject to a penalty equal to the greater of:
43          (i) $10; or
44          (ii) 2% of the rollback tax due for the last year of the rollback period.
45          (3) (a) The county assessor shall determine the amount of the rollback tax by
46     computing the difference for the rollback period described in Subsection (3)(b) between:
47          (i) the tax paid while the land was assessed under this part; and
48          (ii) the tax that would have been paid had the property not been assessed under this
49     part.
50          (b) For purposes of this section, the rollback period is a time period that:
51          (i) begins on the later of:
52          (A) the date the land is first assessed under this part; or
53          (B) five years preceding the day on which the county assessor mails the notice required
54     by Subsection (5); and
55          (ii) ends the day on which the county assessor mails the notice required by Subsection
56     (5).
57          (4) (a) The county treasurer shall:
58          (i) collect the rollback tax; and

59          (ii) after the rollback tax is paid, certify to the county recorder that the rollback tax lien
60     on the property has been satisfied by:
61          (A) preparing a document that certifies that the rollback tax lien on the property has
62     been satisfied; and
63          (B) providing the document described in Subsection (4)(a)(ii)(A) to the county recorder
64     for recordation.
65          (b) The county treasurer shall pay the rollback tax collected under this section:
66          (i) into the county treasury; and
67          (ii) to the various taxing entities pro rata in accordance with the property tax levies for
68     the current year.
69          (5) (a) The county assessor shall mail to an owner of the land that is subject to a
70     rollback tax a notice that:
71          (i) the land is withdrawn from this part;
72          (ii) the land is subject to a rollback tax under this section; and
73          (iii) the rollback tax is delinquent if the owner of the land does not pay the tax within
74     30 days after the day on which the county assessor mails the notice described in this Subsection
75     (5)(a).
76          (b) (i) The rollback tax is due and payable on the day the county assessor mails the
77     notice required by Subsection (5)(a).
78          (ii) Subject to Subsection (7), the rollback tax is delinquent if an owner of the land that
79     is withdrawn from this part does not pay the rollback tax within 30 days after the day on which
80     the county assessor mails the notice required by Subsection (5)(a).
81          (6) (a) Subject to Subsection (6)(b), the following are a lien on the land assessed under
82     this part:
83          (i) the rollback tax; and
84          (ii) interest imposed in accordance with Subsection (7).
85          (b) The lien described in Subsection (6)(a) shall:
86          (i) arise upon the imposition of the rollback tax under this section;
87          (ii) end on the day on which the rollback tax and interest imposed in accordance with
88     Subsection (7) are paid in full; and
89          (iii) relate back to the first day of the rollback period described in Subsection (3)(b).

90          (7) (a) A delinquent rollback tax under this section shall accrue interest:
91          (i) from the date of delinquency until paid; and
92          (ii) at the interest rate established under Section 59-2-1331 and in effect on January 1
93     of the year in which the delinquency occurs.
94          (b) The county treasurer shall include in the notice required by Section 59-2-1317 a
95     rollback tax that is delinquent on September 1 of any year and interest calculated on that
96     delinquent amount through November 30 of the year in which the county treasurer provides the
97     notice under Section 59-2-1317.
98          (8) (a) Land that becomes ineligible for assessment under this part only as a result of an
99     amendment to this part is not subject to the rollback tax if the owner of the land notifies the
100     county assessor, in accordance with Subsection (2), that the land is withdrawn from this part.
101          (b) Land described in Subsection (8)(a) that is withdrawn from this part as a result of
102     an event other than an amendment to this part, whether voluntary or involuntary, is subject to
103     the rollback tax.
104          (9) Except as provided in Section 59-2-511, land that becomes exempt from taxation
105     under Utah Constitution, Article XIII, Section 3, is not subject to the rollback tax if the land
106     meets the requirements of Section 59-2-503 to be assessed under this part.
107          (10) Land that becomes ineligible for assessment under this part only as a result of a
108     split estate mineral rights owner exercising the right to extract a mineral is not subject to the
109     rollback tax:
110          (a) (i) for the portion of the land required by a split estate mineral rights owner to
111     extract a mineral if, after the split estate mineral rights owner exercises the right to extract a
112     mineral, the portion of the property that remains in agricultural production still meets the
113     acreage requirements of Section 59-2-503 for assessment under this part; or
114          (ii) for the entire acreage that would otherwise qualify for assessment under this part if,
115     after the split estate mineral rights owner exercises the right to extract a mineral, the entire
116     acreage that would otherwise qualify for assessment under this part no longer meets the acreage
117     requirements of Section 59-2-503 for assessment under this part only due to the extraction of
118     the mineral by the split estate mineral rights owner; and
119          (b) for the period of time that the property described in Subsection (10)(a) is ineligible
120     for assessment under this part due to the extraction of a mineral by the split estate mineral

121     rights owner.
122          (11) If a person withdraws land from this part, any portion of the withdrawn land that
123     is assessed under Part 17, Urban Farming Assessment Act, is not subject to the rollback tax.
124          Section 2. Section 59-2-1703 is amended to read:
125          59-2-1703. Qualifications for urban farming assessment.
126          (1) (a) For general property tax purposes, land may be assessed on the basis of the
127     value that the land has for agricultural use if the land:
128          (i) is actively devoted to urban farming;
129          (ii) is at least one contiguous acre, but less than five acres, in size; and
130          (iii) (A) has been actively devoted to urban farming for at least two successive years
131     immediately preceding the tax year for which the land is assessed under this part[.]; or
132          (B) was assessed under Part 5, Farmland Assessment Act, for the preceding tax year.
133          (b) Land that is not actively devoted to urban farming may not be assessed as provided
134     in Subsection (1)(a), even if the land is part of a parcel that includes land actively devoted to
135     urban farming.
136          (2) (a) In determining whether land is actively devoted to urban farming, production
137     per acre for a given county or area and a given type of land shall be determined by using the
138     first applicable of the following:
139          (i) production levels reported in the current publication of Utah Agricultural Statistics;
140          (ii) current crop budgets developed and published by Utah State University; or
141          (iii) the highest per acre value used for land assessed under the Farmland Assessment
142     Act for the county in which the property is located.
143          (b) A county assessor may not assess land actively devoted to urban farming on the
144     basis of the value that the land has for agricultural use under this part unless an owner annually
145     files documentation with the county assessor:
146          (i) on a form provided by the county assessor;
147          (ii) demonstrating to the satisfaction of the county assessor that the land meets the
148     production levels required under this part; and
149          (iii) except as provided in Subsection 59-2-1707(2)(c)(i), no later than January 30 for
150     each tax year in which the owner applies for assessment under this part.
151          (3) Notwithstanding Subsection (1)(a)(ii), a county board of equalization may grant a

152     waiver of the acreage requirements of Subsection (1)(a)(ii):
153          (a) on appeal by an owner; and
154          (b) if the owner submits documentation to the county assessor demonstrating to the
155     satisfaction of the county assessor that:
156          (i) the failure to meet the acreage requirements of Subsection (1)(a)(ii) arose solely as a
157     result of an acquisition by a governmental entity by:
158          (A) eminent domain; or
159          (B) the threat or imminence of an eminent domain proceeding;
160          (ii) the land is actively devoted to urban farming; and
161          (iii) no change occurs in the ownership of the land.
162          Section 3. Section 59-2-1705 is amended to read:
163          59-2-1705. Rollback tax -- Penalty -- Computation of tax -- Procedure -- Lien --
164     Interest -- Notice -- Collection -- Distribution -- Appeal to county board of equalization.
165          (1) Except as provided in this section or Section 59-2-1710, land that is withdrawn
166     from this part is subject to a rollback tax imposed as provided in this section.
167          (2) (a) An owner shall notify the county assessor that land is withdrawn from this part
168     within 120 days after the day on which the land is withdrawn from this part.
169          (b) An owner who fails to notify the county assessor under Subsection (2)(a) that land
170     is withdrawn from this part is subject to a penalty equal to the greater of:
171          (i) $10; or
172          (ii) 2% of the rollback tax due for the last year of the rollback period.
173          (3) (a) The county assessor shall determine the amount of the rollback tax by
174     computing the difference for the rollback period described in Subsection (3)(b) between:
175          (i) the tax paid while the land was assessed under this part; and
176          (ii) the tax that would have been paid had the property not been assessed under this
177     part.
178          (b) For purposes of this section, the rollback period is a time period that:
179          (i) begins on the later of:
180          (A) except as provided in Subsection (3)(c), the date the land is first assessed under
181     this part; or
182          (B) five years preceding the day on which the county assessor mails the notice required

183     by Subsection (5); and
184          (ii) ends the day on which the county assessor mails the notice required by Subsection
185     (5).
186          (c) For land that was previously assessed under Part 5, Farmland Assessment Act, the
187     date described in Subsection (3)(b)(i)(A) is the date the land was first assessed under Part 5,
188     Farmland Assessment Act, unless the land was subject to a rollback tax imposed under Section
189     59-2-506.
190          (4) (a) The county treasurer shall:
191          (i) collect the rollback tax; and
192          (ii) after the rollback tax is paid, certify to the county recorder that the rollback tax lien
193     on the property has been satisfied by:
194          (A) preparing a document that certifies that the rollback tax lien on the property has
195     been satisfied; and
196          (B) providing the document described in Subsection (4)(a)(ii)(A) to the county recorder
197     for recording.
198          (b) The county treasurer shall pay the rollback tax collected under this section:
199          (i) into the county treasury; and
200          (ii) to the various taxing entities pro rata in accordance with the property tax levies for
201     the current year.
202          (5) (a) The county assessor shall mail to an owner of the land that is subject to a
203     rollback tax a notice that:
204          (i) the land is withdrawn from this part;
205          (ii) the land is subject to a rollback tax under this section; and
206          (iii) the rollback tax is delinquent if the owner of the land does not pay the tax within
207     30 days after the day on which the county assessor mails the notice described in this Subsection
208     (5)(a).
209          (b) (i) The rollback tax is due and payable on the day the county assessor mails the
210     notice required by Subsection (5)(a).
211          (ii) Subject to Subsection (7), the rollback tax is delinquent if an owner of the land that
212     is withdrawn from this part does not pay the rollback tax within 30 days after the day on which
213     the county assessor mails the notice required by Subsection (5)(a).

214          (6) (a) Subject to Subsection (6)(b), the rollback tax and interest imposed under
215     Subsection (7) are a lien on the land assessed under this part.
216          (b) The lien described in Subsection (6)(a) shall:
217          (i) arise upon the imposition of the rollback tax under this section;
218          (ii) end on the day on which the rollback tax and interest imposed under Subsection (7)
219     are paid in full; and
220          (iii) relate back to the first day of the rollback period described in Subsection (3)(b).
221          (7) (a) A delinquent rollback tax under this section shall accrue interest:
222          (i) from the date of delinquency until paid; and
223          (ii) at the interest rate established under Section 59-2-1331 and in effect on January 1
224     of the year in which the delinquency occurs.
225          (b) The county treasurer shall include in the notice required by Section 59-2-1317 a
226     rollback tax that is delinquent on September 1 of any year and interest calculated on that
227     delinquent amount through November 30 of the year in which the county treasurer provides the
228     notice under Section 59-2-1317.
229          (8) (a) Land that becomes ineligible for assessment under this part only as a result of an
230     amendment to this part is not subject to the rollback tax if the owner of the land notifies the
231     county assessor, in accordance with Subsection (2), that the land is withdrawn from this part.
232          (b) Land described in Subsection (8)(a) that is withdrawn from this part as a result of
233     an event other than an amendment to this part, whether voluntary or involuntary, is subject to
234     the rollback tax.
235          (9) Except as provided in Section 59-2-1710, land that becomes exempt from taxation
236     under Utah Constitution, Article XIII, Section 3, is not subject to the rollback tax if the land
237     meets the requirements of Section 59-2-1703 to be assessed under this part.
238          Section 4. Section 59-2-1707 is amended to read:
239          59-2-1707. Application -- Signed statement -- Consent to creation of a lien --
240     Consent to audit and review -- Notice.
241          (1) For land to be assessed under this part, an owner of land eligible for assessment
242     under this part shall annually submit [an application annually] to the county assessor of the
243     county in which the land is located[.]:
244          (a) an application described in Subsection (2); or

245          (b) a renewal application described in Subsection (3), if:
246          (i) the land was assessed under this part for the preceding year; and
247          (ii) there have been no changes to the eligibility information provided in the most
248     recently submitted application described in Subsection (2), other than information described in
249     Subsection 59-2-1703(2)(b).
250          (2) An application required by Subsection (1) shall:
251          (a) be on a form:
252          (i) approved by the commission; and
253          (ii) provided to an owner:
254          (A) by the county assessor; and
255          (B) at the request of an owner;
256          (b) provide for the reporting of information related to this part;
257          (c) be submitted by:
258          (i) May 1 of the tax year in which assessment under Subsection (1) is requested if the
259     land was not assessed under this part in the year before the application is submitted; or
260          (ii) the date otherwise required by this part for land that before the application being
261     submitted has been assessed under this part;
262          (d) be signed by all of the owners of the land that under the application would be
263     assessed under this part;
264          (e) be accompanied by the prescribed fees made payable to the county recorder;
265          (f) include a certification by an owner that the facts set forth in the application or
266     signed statement are true;
267          (g) include a statement that the application constitutes consent by the owners of the
268     land to the creation of a lien upon the land as provided in this part; and
269          (h) be recorded by the county recorder.
270          (3) A renewal application required by Subsection (1) shall:
271          (a) be on a form:
272          (i) approved by the commission; and
273          (ii) provided to an owner:
274          (A) by the county assessor; and
275          (B) at the request of an owner;

276          (b) provide for the reporting of the information described in Subsection
277     59-2-1703(2)(b);
278          (c) be submitted on or before January 30 of the tax year in which the owner requests
279     assessment under this part;
280          (d) be signed by all of the owners of the land;
281          (e) be accompanied by the prescribed fees made payable to the county recorder;
282          (f) include a certification by an owner that the following are true:
283          (i) the facts set forth in the renewal application or signed statement; and
284          (ii) other than the information described in Subsection 59-2-1703(2)(b), the facts set
285     forth in the most recently submitted application described in Subsection (2), as of the date the
286     renewal application is submitted;
287          (g) include a statement that the renewal application constitutes consent by the owners
288     of the land to the creation of a lien upon the land as provided in this part; and
289          (h) be recorded by the county recorder.
290          [(3)] (4) [The] An application described in Subsection (2) or a renewal application
291     described in Subsection (3) constitutes consent by the owners of the land to the creation of a
292     lien upon the land as provided in this part.
293          [(4)] (5) (a) If the county determines that [an application that was] a timely filed
294     application or a timely filed renewal application is incomplete, the county shall:
295          (i) notify the owner of the incomplete application or renewal application; and
296          (ii) allow the owner to complete the application or the renewal application within 30
297     days from the day on which the county provides notice to the owner.
298          (b) An application or a renewal application that has not been completed within 30 days
299     of the day of the notice described in Subsection [(4)(a) shall be] (5)(a) is considered denied.
300          [(5)] (6) (a) Except as provided in Subsections (1) [and (2)] through (3), a county
301     assessor may not require an additional signed statement or application for assessment under
302     this part.
303          (b) Notwithstanding Subsection [(5)] (6)(a), a county shall require that an owner
304     provide notice if land is withdrawn from this part as provided in Section 59-2-1705.
305          [(6)] (7) A certification under Subsection (2)(f) or (3)(f) is considered as if made under
306     oath and subject to the same penalties as provided by law for perjury.

307          [(7)] (8) (a) An owner applying for participation under this part or a purchaser or lessee
308     that signs a statement under Subsection [(8)] (9) is considered to have given consent to a field
309     audit and review by:
310          (i) the commission;
311          (ii) the county assessor; or
312          (iii) the commission and the county assessor.
313          (b) The consent described in Subsection [(7)] (8)(a) is a condition to the acceptance of
314     an application or signed statement.
315          [(8)] (9) An owner of land eligible for assessment under this part, because a purchaser
316     or lessee actively devotes the land to agricultural use as required by Section 59-2-1703, may
317     qualify the land for assessment under this part by submitting, with the application described in
318     Subsection (2) or the renewal application described in Subsection (3), a signed statement from
319     that purchaser or lessee certifying those facts that would be necessary to meet the requirements
320     of Section 59-2-1703 for assessment under this part.
321          Section 5. Retrospective operation.
322          The changes to Sections 59-2-506, 59-2-1705, and 59-2-1707 have retrospective
323     operation to May 5, 2021.