LD 2071
pg. 2
Page 1 of 2 An Act Concerning Penalties under the Maine Tree Growth Law and the Farm and Op... LD 2071 Title Page
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LR 1610
Item 1

 
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 assessor has the option but is not required to impose
a penalty.__If the assessor elects to apply a penalty, 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.

 
SUMMARY

 
This bill provides that tax assessors may choose whether or
not to impose a penalty on landowners whose land was classified
under the Maine Tree Growth Tax Law or the farm and open space
tax law for at least 5 years but the use of which changed causing
disqualification under that law.


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