ARTICLE VIII.
REVENUE AND TAXATION
§1. Uniformity of taxes; assessment and taxation of land devoted to
agriculture and forest use; collection under general laws; exemption for public
welfare purposes.
Section
1.
All taxes shall be uniform upon the same class of subjects within the
territorial limits of the authority levying the tax, except as otherwise
permitted herein, and shall be levied and collected under general laws passed
by the General Assembly. County Councils of New Castle and Sussex counties and
the Levy Court of Kent County are hereby authorized to exempt from county
taxation such property in their respective counties as in their opinion will
best promote the public welfare. The county property tax exemption power
created by this section shall be exclusive as to such property as is located
within the respective counties with respect to real property located within the
boundaries of any incorporated municipality; the authority to exempt such
property from municipal property tax shall be exercised by the respective
incorporated municipality; then in the opinion of the said municipality it will
best promote the public welfare.
The legislature shall
enact laws to provide that the value of land which is determined by the
assessing officer of the taxing jurisdiction to be actively devoted to
agriculture use and to have been so devoted for at least the two successive
years immediately preceding the tax year in issue,
shall, for local tax purposes, on application of the owner, be that value which
such land has for agricultural use.
Any such laws shall
provide that when land which has been valued in this manner for local tax
purposes is applied to a use other than for agriculture, it shall be subject to
additional taxes in an amount equal to the difference, if any, between the
taxes paid or payable on the basis of the valuation and the assessment
authorized hereunder and the taxes that would have been paid or payable had the
land been valued and assessed as otherwise provided in this Constitution, in the
current year and in such of the tax years immediately preceding, not less than
two such years in which the land was valued as herein authorized.
Such laws shall also
provide for the assessment and collection of any additional taxes levied
thereupon and shall include such other provisions as shall be necessary to
carry out the provisions of this amendment.