§ 42-13154 — Covenant not to convert golf course to another use; notice; violation; penalty; definition

Arizona § 42-13154

• Jurisdiction: Arizona
• Title 42: Arizona Revised Statutes
• Ch. 13: VALUATION OF LOCALLY ASSESSED PROPERTY
• Art. 4: Valuation of Golf Courses

Text

A. As a condition for valuation under this article, the owner of a golf course shall record a deed restriction with the county recorder and file a copy of the restriction with the county assessor, requiring and restricting the property to use as a golf course for at least ten years. The deed restriction must be refiled as necessary, including when the property is split or combined, to ensure that the deed restriction always applies for at least ten years.

B. The valuation of a golf course under this article constitutes a covenant between the county assessor and the owner of the golf course that the use of the property as a golf course will remain unchanged for the duration of the deed restriction in order to receive valuation as a golf course and to avoid the penalty prescribed in subsection E of this section for converting the property to a different use.

C. The county assessor shall maintain a record of the value of the property determined under this article and the value of the property if it had not been determined under this article. The county assessor shall maintain the record for at least ten years for use in computing the penalty under subsection E if the property is converted to a different use in violation of the covenant.

D. If any part of the property is converted to a different use in violation of the covenant, the owner of the golf course must submit notification to the county assessor in person, electronically or by certified mail within thirty days after the property is converted to a different use.

E. On receipt of the owner of the golf course's notice pursuant to subsection D of this section or the county assessor discovering that any part of the property has been converted to a different use, the county assessor shall add to the tax levied against the property on the next tax roll a penalty equal to the difference between the total amount of property taxes that would have been levied on the property for the preceding ten years or the period of time the property was valued under this article, whichever period is shorter, if the property had not been valued under this article and the property taxes that were actually paid for the same period. The penalty due under this subsection shall be paid before completion of the next property tax roll and is enforceable and subject to the same penalties and interest as if the penalty were a tax levied against the property.

F. If the county assessor accepts electronic filings or notices, the county assessor shall provide an electronic acknowledgment of receipt.

G. For the purposes of this section, "converted to a different use" means the terms of this article have been violated or the deed restriction has been removed, has expired without the refiling of a replacement restriction or has been violated.