|  | 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. |