LD 2669
pg. 5
Page 4 of 10 An Act to Implement the Tax Policy Recommendations of the Task Force Created to... Page 6 of 10
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LR 4129
Item 1

 
farmland and subjected to taxation under this subchapter. If, at
the end of the 2-year period, the land does not qualify as farmland
under section 1102, subsection 4, the owner shall pay a penalty
which shall be that is an amount equal to the taxes which that
would have been assessed had the property been assessed at its fair
market value on the first day of April for the 2 preceding tax
years less the taxes paid on the property over the 2 preceding
years and interest at the legal rate from the dates on which those
amounts would have been payable.

 
Sec. 10. 36 MRSA §1112, 2nd ¶, as amended by PL 1995, c. 603, §2, is
further amended to read:

 
For land classified as farmland under this subchapter for less
than 5 full years, the penalty is equal to the greater of 20% of
its assessed fair market value at the time the land is removed
from the program or the amount necessary to meet the requirements
of the Constitution of Maine, Article IX, Section 8. For land
that has been classified as farmland under this subchapter for 5
full years or more, the penalty is the recapture of the taxes
that would have been paid on the land for the past 5 years if it
had not been classified under this subchapter, less all taxes
that were actually paid during those 5 years and interest at the
rate set by the town during those 5 years on delinquent taxes.
An owner of farmland that has been classified under this
subchapter for 5 full years or more may pay any penalty owed
under this paragraph in up to 5 equal annual installments with
interest at the rate set by the town to begin 60 days after the
date of assessment. Notwithstanding section 943, for an owner
paying a penalty under this procedure, the period during which
the tax lien mortgage, including interest and costs, must be paid
to avoid foreclosure, and expiration of the right of redemption
is 48 months from the date of the filing of the tax lien
certificate instead of 18 months.

 
Sec. 11. 36 MRSA §1119, as amended by PL 1997, c. 526, §14, is
further amended to read:

 
§1119. Valuation guidelines

 
By February 1, 1992 December 31, 2000 and biennially
thereafter, the Department of Agriculture, Food and Rural
Resources working with the Bureau of Revenue Services,
representatives of municipal assessors and farmers shall prepare
and report to the joint standing committee of the Legislature
having jurisdiction over taxation matters guidelines to assist
local assessors in the valuation of farmland. The department
shall also deliver these guidelines in training sessions for
local assessors throughout the State. These guidelines must
include suggested recommended values for cropland, orchard land,


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