CHAPTER 127

FORMERLY

HOUSE BILL NO. 336

AN ACT TO AMEND CHAPTER 83, TITLE 9 OP THE DELAWARE CODE RELATING TO THE ELIGIBILITY FOR VALUATION OF LAND DEVOTED TO AGRICULTURE, HORTICULTURE OR FOREST USE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 8329, Chapter 83, Title 9 of the Delaware Code, by deleting the words "5 acres" and by substituting in lieu thereof the words "10 acres".

Section 2. Amend Section 8333, Chapter 83, Title 9 of the Delaware Code, by striking said section in its entirety and by substituting In lieuthereof a new Section 8333 to read as follows:

"§8333. Criteria for land use

Land shall be deemed to be actively devoted to agricultural, horticultural or forestry use when not less than IC acres are In such use and/or when the gross sales of agricultural, horticultural or forestry products produced thereon together with any agricultural program payments and sales of commodities received under government entitlement programs have averaged at least $10,000 per year within a two year period of time immediately preceding the tax year in issue, or there Is clear evidence of anticipated yearly gross sales and such payments amounting to at least $10,000, within a two year period of time. In computing such anticipated yearly gross sales the maximum amount computed from future sales of forestry products shall be $2,000 annually."

Section 3. Amend Section 8334 (2), Chapter 83, Title 9 of the Delaware Code, by deleting the words "5 acres" and by substituting in lieu thereof the words "10 acres".

Section 4. Amend Section 8334(3), Chapter 83, Title 9 of the Delaware Code, by adding immediately following the word ',Committee" the words:

"together with evidence in writing of the required sales, payments and anticipated sales and payments".

Section 5. Amend Section 8336, Chapter 83, Title 9 of the Delaware Code, by deleting wherever they occur, the words "land usage" and by substituting in lieu thereof the words "eligibility of land under this Section".

Section 6. Amend Section 8335(a), Chapter 83, Title 9 of the Delaware Code, by striking said paragraph in its entirety and by substituting in lieu thereof a new paragraph (a) to read as follows:

"(a) The assessor in valuing land which qualifies as land actively devoted to agricultural, horticultural or forestry toe under the tests prescribed by this Section, and as to which the owner thereof has made timely application for valuation, assessment and taxation under this Section for the tax year in issue, shall consider only those indicia of value of such land as established by the State Farmland Evaluation Advisory Committee."

Section 7. Amend Section 8335(d), Chapter 83, Title 9 of the Delaware Code, by striking the words "2 tax years" and by substituting in lieu thereof the words "5 tax years".

Section B. Amend Section 8337(b), Chapter 83, Title 9 of the Delaware Code, by adding a sentence to read as follows:

"The Committee shall review at least every two years the formula, method or system being utilized to determine the ranges of fair values for agricultural, horticultural and forestry land and make such changes and revisions as are required to Insure that the objectives of this Section are met."

Approved July 11, 1983.