HB 90 GA

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LC 44 2885/AP

House Bill 90 (AS PASSED HOUSE AND SENATE) By: Representatives Efstration of the 104th, Dickey of the 134th, Hagan of the 156th, and Buckner of the 137th

A BILL TO BE ENTITLED AN ACT

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To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to

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preferential assessment for bona fide conservation use property and bona fide residential

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transitional property, so as to increase the maximum acreage to qualify for assessment and

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taxation as a bona fide conservation use property; to provide for related matters; to provide

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for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other

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purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1.

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Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to preferential

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assessment for bona fide conservation use property and bona fide residential transitional

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property, is amended by revising the introductory language of paragraph (1) of

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subsection (a), division (a)(1)(A.1)(ii), the introductory language of paragraph (2) of

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subsection (a), paragraph (3) of subsection (b), and subsections (e) and (r) as follows:

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"(a) For purposes of this article, the term 'bona fide conservation use property' means

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property described in and meeting the requirements of paragraph (1) or (2) of this

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subsection, as follows: H. B. 90 -1-

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LC 44 2885/AP

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(1) Not more than 2,000 acres 4,000 acres of tangible real property of a single person,

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the primary purpose of which is any good faith production, including but not limited to

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subsistence farming or commercial production, from or on the land of agricultural

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products or timber, subject to the following qualifications:

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(A) Such property includes the value of tangible property permanently affixed to the

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real property which is directly connected to such owner's production of agricultural

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products or timber and which is devoted to the storage and processing of such

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agricultural products or timber from or on such real property;

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(A.1) In the application of the limitation contained in the introductory language of this

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paragraph, the following rules shall apply to determine beneficial interests in bona fide

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conservation use property held in a family owned farm entity as described in

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division (1)(C)(iv) of this subsection:

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(i) A person who owns an interest in a family owned farm entity as described in

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division (1)(C)(iv) of this subsection shall be considered to own only the percent of

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the bona fide conservation use property held by such family owned farm entity that

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is equal to the percent interest owned by such person in such family owned farm

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entity; and

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(ii) A person who owns an interest in a family owned farm entity as described in

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division (1)(C)(iv) of this subsection may elect to allocate the lesser of any unused

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portion of such person's 2,000 acre 4,000 acre limitation or the product of such

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person's percent interest in the family owned farm entity times the total number of

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acres owned by the family owned farm entity subject to such bona fide conservation

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use assessment, with the result that the family owned farm entity may receive bona

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fide conservation use assessment on more than 2,000 acres 4,000 acres;"

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"(2) Not more than 2,000 acres 4,000 acres of tangible real property, excluding the value

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of any improvements thereon, of a single owner of the types of environmentally sensitive

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property specified in this paragraph and certified as such by the Department of Natural H. B. 90 -2-

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LC 44 2885/AP

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Resources, if the primary use of such property is its maintenance in its natural condition

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or controlling or abating pollution of surface or ground waters of this state by storm-water

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runoff or otherwise enhancing the water quality of surface or ground waters of this state

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and if such owner meets the qualifications of subparagraph (C) of paragraph (1) of this

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subsection, subject to the following qualifications:"

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"(3) No property shall qualify as bona fide conservation use property if such current use

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assessment would result in any person who has a beneficial interest in such property,

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including any interest in the nature of stock ownership, receiving in any tax year any

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benefit of current use assessment as to more than 2,000 acres 4,000 acres. If any taxpayer

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has any beneficial interest in more than 2,000 acres 4,000 acres of tangible real property

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which is devoted to bona fide conservation uses, such taxpayer shall apply for current use

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assessment only as to 2,000 acres 4,000 acres of such land;"

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"(e) A single owner shall be authorized to enter into more than one covenant under this

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Code section for bona fide conservation use property, provided that the aggregate number

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of acres of qualified property of such owner to be entered into such covenants does not

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exceed 2,000 acres 4,000 acres. Any such qualified property may include a tract or tracts

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of land which are located in more than one county. A single owner shall be authorized to

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enter qualified property in a covenant for bona fide conservation use purposes and to enter

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simultaneously the residence located on such property in a covenant for bona fide

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residential transitional use if the qualifications for each such covenant are met. A single

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owner shall be authorized to enter qualified property in a covenant for bona fide

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conservation use purposes and to enter other qualified property of such owner in a covenant

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for bona fide residential transitional use."

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"(r) Property which is subject to current use assessment under this Code section shall be

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separately classified from all other property on the tax digest; and such separate

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classification shall be such as will enable any person examining the tax digest to ascertain

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readily that the property is subject to current use assessment under this Code section. H. B. 90 -3-

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Covenants shall be public records and shall be indexed and maintained in such manner as

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will allow members of the public to locate readily the covenant affecting any particular

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property subject to current use assessment under this Code section. Based on information

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submitted by the county boards of tax assessors, the commissioner shall maintain a central

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registry of conservation use property, indexed by owners, so as to ensure that the 2,000

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acre 4,000 acre limitations of this Code section are complied with on a state-wide basis."

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SECTION 2.

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This Act shall become effective on January 1, 2027, only if an amendment to the

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Constitution increasing the maximum acreage to qualify for assessment and taxation as a

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bona fide conservation use property is ratified by the voters at the November, 2026,

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state-wide general election. If such an amendment is not so ratified, then this Act shall not

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become effective and shall stand repealed on January 1, 2027.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

H. B. 90 -4-