sr1104_Adopted_Senate_3.html
06 LC 25 4477
Senate Resolution 1104
By: Senators Harp of the 29th and Tolleson of the 20th

ADOPTED SENATE

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize an exemption from the covenant requirement for bona fide conservation use property as to stream buffer areas for purposes of current use assessment for ad valorem taxation; to provide for related matters; to provide for submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article VII, Section I, Paragraph III of the Constitution is amended in subparagraph (e) by striking the introductory language and subparagraph (1) thereof and inserting in lieu thereof the following:
"(e) The General Assembly shall provide by general law:
(1) For the definition and methods of assessment and taxation, such methods to include a formula based on current use, annual productivity, and real property sales data, of: 'bona fide conservation use property' to include bona fide agricultural and timber land not to exceed 2,000 acres of a single owner; and 'bona fide residential transitional property,' to include private single-family residential owner occupied property located in transitional developing areas not to exceed five acres of any single owner. Such methods of assessment and taxation shall be subject to the following conditions:
(A) A property owner desiring the benefit of such methods of assessment and taxation shall be required to enter into a covenant to continue the property in bona fide conservation use or bona fide residential transitional use, except that as to stream buffers established by law or local ordinance no such covenant shall be required; and
(B) A breach of such covenant within ten years shall result in a recapture of the tax savings resulting from such methods of assessment and taxation and may result in other appropriate penalties; and"

SECTION 2.
The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"(  )  YES

(  )  NO

Shall the Constitution of Georgia be amended so as to authorize an exemption from the covenant requirement for bona fide conservation use property as to stream buffer areas for purposes of current use assessment for ad valorem taxation?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.