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Bill > H2618


MA H2618

Maintaining land in agriculture


summary

Introduced
01/23/2017
In Committee
01/23/2017
Crossed Over
Passed
Dead
12/31/2018

Introduced Session

190th General Court

Bill Summary

Relative to farmland land transfer estate taxes . Revenue.

AI Summary

This bill aims to reduce the conversion of farmland out of agricultural use following the death of a farmland owner by reducing the tax burden on the heir(s) and encouraging them to maintain the property in agricultural use. The key provisions include: 1) Defining "agricultural use" to include uses that meet the definitions of agricultural use, horticultural uses, or forestland with a forest management plan; 2) Allowing an estate that is approved by the Commissioner of Agriculture to exempt up to $5 million of real property that has been in agricultural use for the two years preceding the time of death or 3 of the 5 years preceding the time of death, provided there have been no incompatible uses; 3) Requiring the recording of a lien on the property to ensure the land remains in agricultural use, and imposing an assessment if the land is sold or converted to a non-agricultural use within 10 years of the owner's death, with the assessment amount gradually decreasing over time; and 4) Allowing property restricted by an agricultural preservation restriction to be deemed as meeting the non-development covenant requirement.

Committee Categories

Budget and Finance

Sponsors (5)

Last Action

Accompanied a new draft, see H3915 (on 09/21/2017)

bill text


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