HOUSE DOCKET, NO. 3150        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3350

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Paul A. Schmid, III

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to expanding agricultural land.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Paul A. Schmid, III

8th Bristol

1/20/2017

David F. DeCoste

5th Plymouth

1/24/2017

James B. Eldridge

Middlesex and Worcester

1/26/2017

Carole A. Fiola

6th Bristol

1/23/2017

Carlos González

10th Hampden

2/3/2017

Mary S. Keefe

15th Worcester

2/2/2017

John W. Scibak

2nd Hampshire

1/24/2017

Alan Silvia

7th Bristol

1/24/2017

Bruce E. Tarr

First Essex and Middlesex

2/3/2017

Chris Walsh

6th Middlesex

1/30/2017


HOUSE DOCKET, NO. 3150        FILED ON: 1/20/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3350

By Mr. Schmid of Westport, a petition (accompanied by bill, House, No. 3350) of Paul A. Schmid, III and others relative to the value agricultural and horticultural land for tax purposes.  Revenue.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act relative to expanding agricultural land.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 61A of the General Laws is hereby amended by striking out section 4, as appearing in the 2014 Official Edition, and inserting in place thereof the following section:-

Section 4. (a) For general property tax purposes, the value of land, not less than 5 acres in area, which is actively devoted to agricultural, horticultural or agricultural and horticultural uses during the tax year in issue and has been so devoted for at least the 2 immediately preceding tax years, shall, upon application of the owner of such land and approval thereof, be that value which such land has for agricultural or horticultural purposes.

(b) For the said tax purposes, land so devoted shall be deemed to include such contiguous land under the same ownership as is not committed to residential, industrial or commercial use and which is covered by application submitted pursuant to section 6. Land shall be deemed contiguous if it is separated from other land under the same ownership only by a public or private way or waterway.

Land under the same ownership shall be deemed contiguous if it is connected to other land under the same ownership by an easement for water supply.

(c) For the said tax purposes, land so devoted shall be deemed to include such non-contiguous land under the same ownership as is not committed to residential, industrial or commercial use and which is covered by application submitted pursuant to section 6. Non-contiguous land shall only be included, if it is located within a ½ mile of any boundary of other land under the same ownership and it is utilized together with such other land for a unified agricultural, horticultural, or agricultural and horticultural, economic purpose.

(d) All such land, which is considered contiguous or non-contiguous for purposes of this chapter shall not exceed in acreage 100 per cent of the acreage which is actively devoted to agricultural, horticultural or agricultural and horticultural uses.

(e) The rate of tax applicable to such agricultural or horticultural land shall be the rate determined to be applicable to class 3, commercial property under chapter 59.