CHAPTER 267

FORMERLY

HOUSE BILL NO. 550

AN ACT TO AMEND CHAPTER 83, TITLE 9 OF THE DELAWARE CODE RELATING TO THE ELIGIBILITY FOR VALUATION OF LAND DEVOTED TO AGRICULTURAL, HORTICULTURAL OR FORESTRY USE.

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

Section 1. Amend §8329, Chapter 83, Title 9 of the Delaware Code by striking the words ", not less than 10 acres in areas," where they appear therein.

Section 2. Amend §8333, Chapter 83, Title 9 of the Delaware Code by striking the words "and/or" where they appear therein and by substituting in lieu thereof the word "or".

Section 3. Amend §8334(2), Chapter 83, Title 9 of the Delaware Code by striking said subsection in Its entirety and by substituting in lieu thereof the following:

"(2) The area of such land is not less than 10 acres 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 2-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 2-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 4. This Act shall become effective for Fiscal Year 1985 and each succeeding fiscal year. Notwithstanding any provision of Title 9 of the Delaware Code, each Board of Assessment shall provide for appropriate and reasonable time periods concerning applications, submission of assessment rolls, notices and inspections of assessments, appeals and any other requirements which must be met prior to Its applicability for Fiscal Year 1985. This authorization shall apply only to Fiscal Year 1985. Each fiscal year thereafter, the procedures specified in Title 9 of the Delaware Code shall be followed.

Approved June 4,1984.