CHAPTER 42

FORMERLY

HOUSE BILL NO. 189

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

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

Section 1. Amend § 8335(d)(1), Chapter 83, Title 9 of the Delaware Code by striking said paragraph in its entirety and substituting in lieu thereof a new § 8335(d)(1) to read as follows:

"(1) If in the tax year in which a change in use of land occurs the land was not valued, assessed and taxed under this Chapter, then such land shall be subject to roll-back taxes in the following manner. If the change of the use of kind occurs prior to January I, 1996, then such land shall be subject to roll-back taxes for the five tax years immediately preceding in which the land was valued, assessed and taxed hereunder. If the change in use of land occurs between January1, 1996, and December 31, 1996, then such land shall be subject to roll-back taxes for the six tax years immediately preceding in which the land was valued, assessed and taxed hereunder. If the change in use of land occurs between January 1, 1997, and December 31, 1997, then such land shall be subject to roll-back taxes for the seven tax years immediately preceding in which the land was valued, assessed and taxed hereunder. If the change in use of land occurs between January I, 1998, and December 31, 1998, then such land will be subject to roll-back taxes for the eight tax years immediately preceding in which the land was valued, assessed and taxed hereunder. If the change in use of land occurs between January 1, 1999, and December 31, 1999, then such land shall be subject to roll-back taxes for the nine tax years immediately preceding in which the land was valued, assessed and taxed hereunder. If the change in use of land occurs on January 1, 2000, or thereafter, then such land shall be subject to roll-back taxes for the ten tax years immediately preceding in which the land was valued, assessed and taxed hereunder."

Approved May 26, 1995