Sec. 29.45.060. Farm
or agricultural land.
(a)
Farm use land included in a farm unit and not dedicated or being used for nonfarm purposes shall be assessed on the basis of full and
true value for farm use and may not be assessed as if subdivided or used for
some other nonfarm purpose. The assessor shall
maintain records valuing the land for both full and true value and farm use
value. If the land is sold, leased, or otherwise disposed of for uses
incompatible with farm use or converted to a use incompatible with farm use by
the owner, the owner is liable to pay an amount equal to the additional tax at
the current mill levy together with eight percent interest for the preceding
seven years, as though the land had not been assessed for farm use purposes.
Payment by the owner shall be made to the state to the extent of its
reimbursement for revenue loss under (d) of this section for the preceding
seven years. The balance of the payment shall be made to the municipality.
(b)
An owner of farm use land shall, to secure the assessment under this section,
apply to the assessor before May 15 of each year in which the assessment is
desired. The application shall be made upon forms prescribed by the state
assessor for the use of the local assessor, and must include information that
may reasonably be required to determine the entitlement of the applicant. If
the land is leased for farm use purposes, the applicant shall furnish to the
assessor a copy of the lease bearing the signatures of both lessee and lessor along with the completed application. The applicant
shall furnish the assessor a copy of the lease covering the period for which
the exemption is requested. This subsection does not apply to a person with an
interest in land that is classified by the state for agricultural use or that
is restricted by the state for agricultural purposes.
(c)
In the event of a crop failure by an act of God the previous year, the owner or
lessee may submit an affidavit affirming that 10 percent of gross income for
the past three years was from farming.
(d)
Subject to legislative appropriations for the purpose, the state shall
reimburse a borough or city, as appropriate, for the property tax revenues lost
to it by the operation of this section.
(e)
All land that is classified by the state for agricultural use or that is
restricted by the state for agricultural purposes shall be assessed on the
basis of full and true value based upon that restricted use.
(f)
In this section "farm use" means the use of land for profit for
raising and harvesting crops, for the feeding, breeding, and management of
livestock, for dairying, or another agricultural use, or any combination of
these. To be farm use land, the owner or lessee must be actively engaged in
farming the land, and derive at least 10 percent of yearly gross income from
the land. This section does not apply to land for which the owner has granted,
and has outstanding, a lease or option to buy the surface rights. A property
owner wishing to file for farm use classification having no history of
farm-related income may submit a declaration of intent at the time of filing
the application with the assessor setting out the intended use of the land and
the anticipated percentage of income. An applicant using this procedure shall
file with the assessor before February 1 of the following year a notarized
statement of the percentage of gross income attributable to the land. Failure
to make the filing required in this subsection forfeits the exemption.
Sec.
29.45.062. Land subject to a conservation easement.
(a)
Land that is subject to a conservation easement created under AS 34.17 and used
consistent with the conservation easement shall be assessed on the basis of
full and true value for use subject to the conservation easement and may not be
assessed as though it was not subject to the conservation easement. The
assessor shall maintain records valuing the land for both full and true value
and value subject to the conservation easement. The municipality may, by ordinance,
require that if the land is sold, leased, or otherwise disposed of for uses
incompatible with the conservation easement or if the conservation easement is
conveyed to the owner of the property, the owner shall pay to the municipality
an amount equal to the additional tax at the current mill levy together with
eight percent interest for the preceding 10 years, as though the land had not
been assessed subject to the conservation easement.
(b)
To secure the assessment under this section, an owner of land subject to a
conservation easement shall apply to the assessor before May 15 of each year in
which the assessment is desired. The application shall be made upon forms
prescribed by the assessor and shall include information that may reasonably be
required to determine the entitlement of the applicant.
Sec.
29.45.065. Assessment of private airports open for
public use.
(a)
A municipality may provide by ordinance that airports located on private land
and open and available for public use may be assessed at full and true value
for airport use and not as if subdivided or used for some other nonairport use. The assessor shall maintain records valuing
the land at both full and true value and airport use value. If the land is
sold, leased, or otherwise disposed of for uses incompatible with airport use
by the public or if the owner converts the land to a use incompatible with
airport use by the public, the owner is liable to pay an amount equal to the
additional tax at the current mill levy together with eight percent interest
from the time of the incompatibility, as if the land had not been assessed for
airport use. Payment of the additional tax and interest shall be made to the
municipality.
(b)
To secure the assessment under this section, the owner of the airport shall
show that the airport is on private land, is open and available for public use,
and is of benefit to the public or municipality. The owner shall apply to the
assessor before May 15 of each year that the assessment is desired on forms to
be prescribed by the municipality for use of the local assessor and shall
include information reasonably required to determine the entitlement of the
applicant. If the land is leased for airport purposes, the applicant shall
furnish the assessor with a copy of the lease bearing the signature of both the
lessee and lessor for the period that the exemption
is requested.
(c)
In this section, "airport" means an area of land or water that is
used for the landing, takeoff, movement, or parking of aircraft, and the
appurtenant areas that are used for airport buildings or other airport
facilities or right-of-way, together with airport buildings and facilities at
the location.