Senate Bill 45
By: Senators Watson of the 11th, Hickman of the 4th, Goodman of the 8th, Anderson of the
24th and Kennedy of the 18th
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to
preferential assessment for bona fide conservation use property and bona fide residential
transitional property, so as to increase the maximum acreage to qualify for assessment and
taxation as a bona fide conservation use property; to provide for related matters; to provide
for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to preferential
assessment for bona fide conservation use property and bona fide residential transitional
property, is amended by revising the introductory language of paragraph (1) of
subsection (a), division (a)(1)(A.1)(ii), the introductory language of paragraph (2) of
subsection (a), paragraph (3) of subsection (b), and subsections (e) and (r) as follows:
"(a) For purposes of this article, the term 'bona fide conservation use property' means
property described in and meeting the requirements of paragraph (1) or (2) of this
subsection, as follows:
(1) Not more than <del>2,000 acres</del> <ins>4,000 acres</ins> of tangible real property of a single person,
the primary purpose of which is any good faith production, including but not limited to
subsistence farming or commercial production, from or on the land of agricultural
products or timber, subject to the following qualifications:
(A) Such property includes the value of tangible property permanently affixed to the
real property which is directly connected to such owner's production of agricultural
products or timber and which is devoted to the storage and processing of such
agricultural products or timber from or on such real property;
(A.1) In the application of the limitation contained in the introductory language of this
paragraph, the following rules shall apply to determine beneficial interests in bona fide
conservation use property held in a family owned farm entity as described in
division (1)(C)(iv) of this subsection:
(i) A person who owns an interest in a family owned farm entity as described in
division (1)(C)(iv) of this subsection shall be considered to own only the percent of
the bona fide conservation use property held by such family owned farm entity that
is equal to the percent interest owned by such person in such family owned farm
entity; and
(ii) A person who owns an interest in a family owned farm entity as described in
division (1)(C)(iv) of this subsection may elect to allocate the lesser of any unused
portion of such person's <del>2,000 acre</del> <ins>4,000 acre</ins> limitation or the product of such
person's percent interest in the family owned farm entity times the total number of
acres owned by the family owned farm entity subject to such bona fide conservation
use assessment, with the result that the family owned farm entity may receive bona
fide conservation use assessment on more than <del>2,000 acres</del> <ins>4,000 acres;"
</ins> "(2) Not more than <del>2,000 acres</del> <ins>4,000 acres</ins> of tangible real property, excluding the value
of any improvements thereon, of a single owner of the types of environmentally sensitive
property specified in this paragraph and certified as such by the Department of Natural
Resources, if the primary use of such property is its maintenance in its natural condition
or controlling or abating pollution of surface or ground waters of this state by storm-water
runoff or otherwise enhancing the water quality of surface or ground waters of this state
and if such owner meets the qualifications of subparagraph (C) of paragraph (1) of this
subsection, <ins>subject to the following qualifications:"
</ins> "(3) No property shall qualify as bona fide conservation use property if such current use
assessment would result in any person who has a beneficial interest in such property,
including any interest in the nature of stock ownership, receiving in any tax year any
benefit of current use assessment as to more than <del>2,000 acres</del> <ins>4,000 acres.</ins> If any taxpayer
has any beneficial interest in more than <del>2,000 acres</del> <ins>4,000 acres</ins> of tangible real property
which is devoted to bona fide conservation uses, such taxpayer shall apply for current use
assessment only as to <del>2,000 acres</del> <ins>4,000 acres</ins> of such land;"
"(e) A single owner shall be authorized to enter into more than one covenant under this
Code section for bona fide conservation use property, provided that the aggregate number
of acres of qualified property of such owner to be entered into such covenants does not
exceed <del>2,000 acres</del> <ins>4,000 acres.</ins> Any such qualified property may include a tract or tracts
of land which are located in more than one county. A single owner shall be authorized to
enter qualified property in a covenant for bona fide conservation use purposes and to enter
simultaneously the residence located on such property in a covenant for bona fide
residential transitional use if the qualifications for each such covenant are met. A single
owner shall be authorized to enter qualified property in a covenant for bona fide
conservation use purposes and to enter other qualified property of such owner in a covenant
for bona fide residential transitional use."
"(r) Property which is subject to current use assessment under this Code section shall be
separately classified from all other property on the tax digest; and such separate
classification shall be such as will enable any person examining the tax digest to ascertain
readily that the property is subject to current use assessment under this Code section.
Covenants shall be public records and shall be indexed and maintained in such manner as
will allow members of the public to locate readily the covenant affecting any particular
property subject to current use assessment under this Code section. Based on information
submitted by the county boards of tax assessors, the commissioner shall maintain a central
registry of conservation use property, indexed by owners, so as to ensure that the <del>2,000
acre</del> <ins>4,000 acre</ins> limitations of this Code section are complied with on a state-wide basis."
SECTION 2.
This Act shall become effective on January 1, 2027, only if an amendment to the
Constitution increasing the maximum acreage to qualify for assessment and taxation as a
bona fide conservation use property is ratified by the voters at the November, 2026,
state-wide general election. If such an amendment is not so ratified, then this Act shall not
become effective and shall stand repealed on January 1, 2027.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.