§ 427C.12 — Application — inspection — continuation of exemption — recapture of tax

Iowa § 427C.12

• Jurisdiction: Iowa
• Title X: FINANCIAL RESOURCES
• Ch. 427C: FOREST AND FRUIT-TREE RESERVATIONS

Text

It shall be the duty of the assessor to secure the facts relative to fruit-tree and forest
reservations by taking the sworn statement, or affirmation, of the owner or owners making
application under this chapter; and to make special report to the county auditor of all
reservations made in the county under the provisions of this chapter.
Theboardofsupervisorsshalldesignatethecountyconservationboardortheassessorwho
shall inspect the area for which an application is filed for a fruit-tree or forest reservation tax
exemption before the application is accepted. Use of aerial photographs may be substituted
for on-site inspection when appropriate. The application can only be accepted if it meets the
criteriaestablishedbythenaturalresourcecommissiontobeafruit-treeorforestreservation.
Once the application has been accepted, the area shall continue to receive the tax exemption
during each year in which the area is maintained as a fruit-tree or forest reservation without
the owner having to refile. If the property is sold or transferred, the seller shall notify the
buyer that all, or part of, the property is in fruit-tree or forest reservation and subject to
the recapture tax provisions of this section. The tax exemption shall continue to be granted
for the remainder of the eight-year period for fruit-tree reservation and for the following
years for forest reservation or until the property no longer qualifies as a fruit-tree or forest
reservation. The area may be inspected each year by the county conservation board or the
assessor to determine if the area is maintained as a fruit-tree or forest reservation. If the area
is not maintained or is used for economic gain other than as a fruit-tree reservation during
any year of the eight-year exemption period and any year of the following five years or as
a forest reservation during any year for which the exemption is granted and any of the five
years following those exemption years, the assessor shall assess the property for taxation at
its fair market value as of January 1 of that year and in addition the area shall be subject
to a recapture tax. However, the area shall not be subject to the recapture tax if the owner,
including one possessing under a contract of sale, and the owner’s direct antecedents or
descendants have owned the area for more than ten years. The tax shall be computed by
multiplyingtheconsolidatedlevyforeachofthoseyears, ifany, ofthefiveprecedingyearsfor
which the area received the exemption for fruit-tree or forest reservation times the assessed
value of the area that would have been taxed but for the tax exemption. This tax shall be
entered against the property on the tax list for the current year and shall constitute a lien
against the property in the same manner as a lien for property taxes. The tax when collected
shall be apportioned in the manner provided for the apportionment of the property taxes for
the applicable tax year.

Legislative History

[S13, §1400-n; C24, 27, 31, 35, 39, §2616; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §161.12]