Assembly Bill No. 423–Assemblymen Freeman, Gibbons,
Humke, Leslie and Evans

March 8, 1999

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Referred to Committee on Taxation

 

SUMMARY—Revises provisions regarding taxation of real property. (BDR 32-867)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to taxation; exempting certain property acquired by the Nevada Land Conservancy and the American Land Conservancy from property taxes; revising the provisions governing the requirements for such exemptions; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 361.111 is hereby amended to read as follows:

1-2 361.111 1. [All] Except as otherwise provided in subsections 2 and

1-3 3, all real property and improvements thereon acquired by the Nature

1-4 Conservancy , American Land Conservancy or Nevada Land

1-5 Conservancy and held for ultimate acquisition by the state or a local

1-6 governmental unit are exempt from taxation [except as otherwise provided

1-7 in subsections 2 and 3.] if:

1-8 (a) The state or a local governmental unit has agreed, in writing, that

1-9 acquisition of the property will be given serious consideration; and

1-10 (b) For property for which the state has given the statement required

1-11 by paragraph (a), the governing body of the county in which the property

1-12 is located has approved the potential acquisition of the property by the

1-13 state.

1-14 2. When the Nature Conservancy , American Land Conservancy or

1-15 Nevada Land Conservancy transfers property it has held for purposes of

1-16 conservation to any person, partnership, association, corporation or entity

1-17 other than the state or a local governmental unit, the property must be

2-1 assessed at the rate set for first-class pasture by the Nevada tax commission

2-2 for each year it was exempt pursuant to subsection 1 and the taxes must be

2-3 collected as other taxes under this chapter are collected.

2-4 3. When the Nature Conservancy , American Land Conservancy or

2-5 Nevada Land Conservancy transfers property it has held for purposes

2-6 other than conservation to any person, partnership, association, corporation

2-7 or entity other than the state or a local governmental unit, the tax imposed

2-8 by this chapter must be assessed against the property for each year it was

2-9 exempt pursuant to subsection 1 and collected in the manner provided in

2-10 this chapter.

2-11 4. The Nevada tax commission shall adopt regulations specifying the

2-12 criteria for determining when property has been held by the Nature

2-13 Conservancy , American Land Conservancy or Nevada Land

2-14 Conservancy for purposes of conservation.

2-15 Sec. 2. NRS 361A.286 is hereby amended to read as follows:

2-16 361A.286 1. The deferred tax and penalty assessed pursuant to NRS

2-17 361A.280 and 361A.283 are a perpetual lien until paid as provided in NRS

2-18 361.450. If the property continues to be used exclusively for agricultural

2-19 use or approved open-space use for 7 fiscal years after the date of

2-20 attachment, the lien for that earliest year expires. The lien is for an

2-21 undetermined amount until the property is converted and the amount is

2-22 determined pursuant to NRS 361A.280. Any liens calculated and recorded

2-23 before July 1, 1989, for property that had not been converted shall be

2-24 deemed to have expired on that date.

2-25 2. If agricultural or open-space real property receiving agricultural or

2-26 open-space use assessment is sold or transferred to an ownership making it

2-27 exempt from taxation ad valorem, any such liens for deferred taxes must be

2-28 canceled, except for such liens on property acquired by the Nature

2-29 Conservancy [.] , American Land Conservancy or Nevada Land

2-30 Conservancy.

2-31 3. The provisions of this section do not apply to any portion of

2-32 agricultural or open-space real property if the deferred tax and any penalty

2-33 have been paid pursuant to NRS 361A.265.

2-34 4. Each year, the county assessor must record a list of parcel numbers

2-35 and owner’s names for all parcels on which a lien exists pursuant to

2-36 subsection 1.

2-37 Sec. 3. This act becomes effective on July 1, 1999.

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