Bussa v. Town of Glastonbury

28 Conn. Supp. 97
CourtPennsylvania Court of Common Pleas
DecidedAugust 12, 1968
DocketFile No. 94101; File No. 94102; File No. 94103; File No. 94104
StatusPublished
Cited by1 cases

This text of 28 Conn. Supp. 97 (Bussa v. Town of Glastonbury) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bussa v. Town of Glastonbury, 28 Conn. Supp. 97 (Pa. Super. Ct. 1968).

Opinion

Cohen, J.

These actions are appeals from the action of assessors and the board of tax review of the town of Glastonbury based on §§ 12-107a and 12-118 of the General Statutes and on the rule of valuation under § 12-63. To be resolved in these appeals is the method of fixing the value for assessment purposes of land classified as farmland pursuant to § 12-63.

Section 12-63, as amended by Public Acts 1963, No. 490 § 9, marks a radical change from the method which existed prior to its enactment. The prior rule of § 12-63, before its amendment in 1963, was that the “present true and actual value of any estate shall be deemed by all assessors and boards of tax review to be the fair market value thereof and not its value at a forced or auction sale.” This rule of valuation was amended in 1963 as follows: “The [99]*99present true and actual value of land classified as farm land pursuant to section 12-107c . . . shall be based upon its current use without regard to neighborhood land use of a more intensive nature .... The present true and actual value of all other property shall be deemed by all assessors and boards of tax review to be the fair market value thereof and not its value at a forced or auction sale.” See Burritt Mutual Savings Bank v. New Britain, 146 Conn. 669; National Folding Box Co. v. New Haven, 146 Conn. 578.

The legislature, in its wisdom, as it has done in the past, in 1963 by Public Act No. 490 § 1 (General Statutes 12-107a), stated a declaration of policy: “It is hereby declared (a) that it is in the public interest to encourage the preservation of farm land ... in order to maintain a readily available source of food and farm products close to the metropolitan areas of the state . . . and to provide for the welfare and happiness of the inhabitants of the state, (b) that it is in the public interest to prevent the forced conversion of farm land ... to more intensive uses as the result of economic pressures caused by the assessment thereof for purposes of property taxation at values incompatible with their preservation as such farm land . . . , and (c) that the necessity in the public interest of the enactment of the provisions of . . . [sections 7-131c and 12-107b to 12-107e, inclusive] is a matter of legislative determination.” It was the intention of the legislature to grant special privilege to land devoted to agricultural use. This, the legislature has done before. See chapter 205 of the 1911 Publie Acts, which exempted from taxation for a period of not more than twenty years land planted with forest trees and which was declared not unconstitutional as creating a special privilege. Baker v. West Hartford, 89 Conn. 394.

[100]*100The plaintiffs, bona fide farmers in the town of Glastonbury, own or rent land concerned in these appeals and are engaged in intensified farm pursuits of various forms — dairy, tobacco, vegetable, corn and orchard culture. The use to which these farmers have put their farms comes within the concept for which the legislation was intended. The problem to be resolved here is the method of valuation for purposes of taxation.

Capitalization of rentals paid by farmers for land devoted to farm use has come to be an acceptable method of fixing farm values in other jurisdictions concerned with this type of legislation. See Farmland Assessment Act of 1964, N.J. Laws 1964, c. 48; N.J. Stat. Ann. §§54:4-23.1 to 54:4-23.23. The assessors of the town sought the rentals paid in the town for various farmlands and were provided with them by applicants who sought the benefit of Public Act 490.

A plaintiffs’ exhibit which was compiled by Glastonbury farmers familiar with farming operations in the town could form a basis for determination of assessment values. One of the outstanding authorities in Connecticut on farm economics, Dr. Irving Fellows, who also assisted the legislative committee in promulgating the legislation (Public Act 490), states that the most accurate method of assessing the use value of farmland is by capitalization of rentals. It has also been recommended by the American Society of Farm Managers and Rural Appraisers and by William G. Murray, professor of agricultural economies at Iowa State College, in his book, Farm Appraisal: Classification and Valuation of Farm Land and Buildings (1940). In the main, a rental agreement establishes a figure which may be assumed to represent the yearly worth of a farm. Whether the rent is a share of the crop or a sum of [101]*101money, both parties have agreed on an amount which represents the use value of the farm for an annual period.

A first requirement in this method, of course, is the knowledge of rental terms within an area, taking into consideration the variation above and below the average for farms of different quality. While, generally speaking, rentals for land for various crops are fairly uniform throughout Connecticut, we are concerned here only with the town of Glastonbury, and we must exclude conditions which may cause a lowering or raising of rental prices and which are brought about because of drought, or excessive moisture affecting river lands, or close proximity to urban areas where sales of land may affect rental values. Peter Marsele of Bloomfield, Connecticut, an eminently qualified appraiser of twenty-two years’ experience who is familiar with farms and farm values and assessments and testified in behalf of the plaintiffs, stated that the best method of arriving at current use value is by capitalization of rentals and that this was the generally accepted practice in appraisal technique.

This principle is one which has been used for many years in both the assessment and appraisal professions, so actually it is not an unusual appraisal practice; it is merely separating the value for use purposes versus fair market value. Marsele testified, “If I assessed agricultural land in Bloomfield at fair market value there would not be a farmer left before the end of the year.” Both Pellows and Marsele acted as consultants in the drafting of Public Act 490 and participated in the final drafting of the legislation, which while not perfect is a good start in attempting to arrive at a fair basis for tax evaluation of farmlands. It was generally found that there was a uniformity of rental rates for [102]*102various farmland uses throughout the state. Marsele stated that prior to the drafting of Public Act 490 a major number of communities in the state were taxing on a farm use basis and that this bill was being presented merely to make legal what the assessors had been doing in practice for many many years.

It seems, therefore, to the court that the information gathered and exhibited to the court concerning the rentals paid in the Glastonbury area and Hartford County is a fair and reasonable basis and the most practical method of determining the use values of farmland under Public Act 490. Since the assessors are familiar with the land generally in their town, the method of determining use values should be relatively simple and should follow the same pattern in all Connecticut towns. For the purpose of these eases, however, the issues raised shall apply only to them. The form used by the Glastonbury assessors does not follow the same classifications as the assessment form currently in use by the state tax commissioner and furnished to the various towns. This decision, however, will use the land classification therein set forth, i.e., tillable A, B, C, D, E; orchard; untillable; woodland and sprout; and swamp.

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Related

Mann v. Board of Assessors
438 N.E.2d 826 (Massachusetts Supreme Judicial Court, 1982)

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Bluebook (online)
28 Conn. Supp. 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bussa-v-town-of-glastonbury-pactcompl-1968.