§ 44-5-40. Procedures for collecting land use change tax.
(a) When a change in the use of the land occurs the assessor shall record in the land
evidence records a notice of the change in use, stipulating on the land evidence records,
a description of the property, its plat and lot number (if any), the fair market value,
and the amount of taxes due. Similar notices shall be mailed to the present owner
of the property and the director of environmental management by registered or certified
mail within twenty-four (24) hours of the recording. The tax constitutes a lien on
the property at the time of recording the notice of land use change and the
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§ 44-5-40. Procedures for collecting land use change tax.
(a) When a change in the use of the land occurs the assessor shall record in the land
evidence records a notice of the change in use, stipulating on the land evidence records,
a description of the property, its plat and lot number (if any), the fair market value,
and the amount of taxes due. Similar notices shall be mailed to the present owner
of the property and the director of environmental management by registered or certified
mail within twenty-four (24) hours of the recording. The tax constitutes a lien on
the property at the time of recording the notice of land use change and the tax becomes
due and payable in full within ninety (90) days of the date of recording. The lien
continues in effect until the taxes are paid in full. Every city and town shall make
provisions for the payment in installments of any land use change tax, permitting
persons to pay the tax in equal quarterly installments, with the final quarter to
be paid in full within one year of the date when the change of use notice is recorded,
as prescribed in this subsection. Failure by the owner to pay the taxes in a timely
manner as prescribed in this subsection allows the tax collector to advertise and
sell the property in the same manner as prescribed in chapter 9 of this title.
(b) The board of assessment review of any city or town, or the city or town council if
there is no board of review in any city or town, has the authority to hear and consider
the appeal of any property owner concerning the fair market value placed on his or
her land by the assessor, and if it appears that the land has been appraised in excess
of its fair market value at the time of the change in use, the board or council has
the power to change the value of the land and adjust the land use change tax applied
to the land according to the schedule prescribed in § 44-5-39.