67-5-1002. Legislative findings.
The general assembly finds that:
(1) The existence of much agricultural,
forest and open space land is threatened by pressure from urbanization,
scattered residential and commercial development, and the system of property
taxation. This pressure is the result of urban sprawl around urban and
metropolitan areas which also brings about land use conflicts, creates high
costs for public services, contributes to increased energy usage, and
stimulates land speculation;
(2) The preservation of open space in or
near urban areas contributes to:
(A) The use, enjoyment and economic value
of surrounding residential, commercial, industrial or public use lands;
(B) The conservation of natural resources,
water, air, and wildlife;
(C) The planning and preservation of land
in an open condition for the general welfare;
(D) A relief from the monotony of continued
urban sprawl; and
(E) An opportunity for the study and
enjoyment of natural areas by urban and suburban residents who might not
otherwise have access to such amenities;
(3) Many prime agricultural and forest
lands in Tennessee, valuable for producing food and fiber for a hungry
world, are being permanently lost for any agricultural purposes and that
these lands constitute important economic, physical, social, and esthetic
assets to the surrounding lands and to the people of Tennessee;
(4) Many landowners are being forced by
economic pressures to sell such agricultural, forest, or open space land for
premature development by the imposition of taxes based, not on the value of
the land in its current use, but on its potential for conversion to another
use; and
(5) The above findings must be tempered by
the fact that in rural counties an over abundance of land held by a single
landowner which is classified on the tax rolls by the provisions of this
part could have an adverse effect upon the ad valorem tax base of the
county, and thereby disrupt needed services provided by the county. To this
end, a limit must be placed upon the number of acres that any one (1) owner
within a tax jurisdiction can bring within the provisions of this part.
67-5-1004. Definitions.
As
used in §§
11-14-201, 11-15-107,
11-15-108, and this part unless the context otherwise requires:
(1) (A) "Agricultural land" means land
which meets the minimum size requirements specified hereafter and which
either:
(i) Constitutes a farm unit engaged in the
production or growing of agricultural products; or
(ii) Has been farmed by the owner or the
owner's parent or spouse for at least twenty-five (25) years and is used as
the residence of the owner and not used for any purpose inconsistent with an
agricultural use.
(B) To be eligible as agricultural land,
property must meet minimum size requirements as follows: it must consist
either of a single tract of at least fifteen (15) acres, including woodlands
and wastelands, or two (2) noncontiguous tracts, including woodlands and
wastelands, one (1) of which is at least fifteen (15) acres and the other
being at least ten (10) acres and together constituting a farm unit.
(2) "Commissioner" means the commissioner
of agriculture or the commissioner's designee;
(3) "Director" means the director of the
state planning office;
(4) "Forest land" means land constituting a
forest unit engaged in the growing of trees under a sound program of
sustained yield management or any tract of fifteen (15) or more acres having
tree growth in such quantity and quality and so managed as to constitute a
forest;
(5) "Gross agricultural income" means total
income, exclusive of adjustments or deductions, derived from the production
or growing of crops, plants, animals, aquaculture products, nursery, or
floral products, including income from the rental of property for such
purposes and income from federal set aside and related agricultural
management programs;
(6) "Local government advisory committee,"
"Tennessee local government advisory committee," or "Tennessee local
government planning advisory committee" means the local government planning
advisory committee created by §
4-3-727;
(7) "Open space easement" means a perpetual
right in land of less than fee simple which:
(A) Obligates the grantor and the grantor's
heirs and assigns to certain restrictions constituted to maintain and
enhance the existing open or natural character of the land;
( B) Is
restricted to the area defined in the easement deed; and
(C) Grants no right of physical access to
the public except as provided for in the easement;
(8) "Open space land" means any area of
land other than agricultural and forest land, of not less than three (3)
acres, characterized principally by open or natural condition, and whose
preservation would tend to provide the public with one (1) or more of the
benefits enumerated in §
67-5-1002, and which is not currently in agricultural land or forest
land use. "Open space land" includes greenbelt lands or lands primarily
devoted to recreational use;
(9) "Owner" means the person holding title
to the land;
(10) "Person" means any individual,
partnership, corporation, organization, association, or other legal entity;
(11) "Planning commission" means a
commission created under §
13-3-101 or §
13-4-101;
(12) "Present use value" means the value of
land based on its current use as either agricultural, forest, or open space
land and assuming that there is no possibility of the land being used for
another purpose;
(13) "Rollback taxes" means the amount of
back tax differential payable under the provisions of
§
67-5-1008; and
(14) "State forester" means the director of
the division of forestry.
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