13100887D
SENATE BILL NO. 799
Senate Amendments in [ ] -- January 24, 2013
A BILL to amend and reenact §58.1-3237.1 of the Code of
Virginia, relating to real property tax; special valuation for land
preservation.
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Patron Prior to Engrossment--Senator Garrett
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Referred to Committee on Finance
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Be it enacted by the General Assembly of Virginia:
1. That §58.1-3237.1 of the Code of Virginia is
amended and reenacted as follows:
§58.1-3237.1. Authority of counties to enact additional
provisions concerning zoning classifications.
Albemarle County, Arlington County, Augusta County, Goochland
County, James City County, Loudoun County, and Rockingham County may
include the following additional provisions in any ordinance enacted under the
authority of this article:
1. The governing body may exclude land lying in planned
development, industrial or commercial zoning districts, and service
districts created [ after July 1, 2013 ] pursuant to
Article 1 (§15.2-2400 et seq.) of Chapter 24 of Title 15.2 from assessment
under the provisions of this article. This As applied to zoning
districts, this provision applies only to zoning districts established
prior to January 1, 1981.
2. The governing body may provide that when the zoning of the
property taxed under the provisions of this article is changed to allow a more
intensive nonagricultural use at the request of the owner or his agent, such
property shall not be eligible for assessment and taxation under this article.
This shall not apply, however, to property which that is zoned
agricultural and is subsequently rezoned to a more intensive use which
that is complementary to agricultural use, provided such property continues
to be owned by the same owner who owned the property prior to rezoning and
continues to operate the agricultural activity on the property. Notwithstanding
any other provision of law except subdivision 3, such property shall be
subject to and liable for roll-back taxes at the time the zoning is changed to
allow any use more intensive than the use for which it qualifies for special
assessment. The roll-back tax, plus interest, shall be calculated, levied and
collected from the owner of the real estate in accordance with §58.1-3237 at
the time the property is rezoned.
[ 3. The governing body may, but is not required to,
impose roll-back taxes pursuant to §58.1-3237 or this section on property in
service districts. In applying this subdivision, the governing body shall treat
all property in all service districts the same regarding imposition of
roll-back taxes. ]
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