House File 2579 - Introduced



                                       HOUSE FILE       
                                       BY  SWAIM


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act limiting the number of acres that may be placed in forest
  2    and fruit=tree reservations in a county and including
  3    effective date and applicability date provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6360YH 81
  6 sc/je/5

PAG LIN



  1  1    Section 1.  Section 427C.1, Code 2005, is amended to read
  1  2 as follows:
  1  3    427C.1  TAX EXEMPTION.
  1  4    Any person who establishes a forest or fruit=tree
  1  5 reservation as provided in this chapter shall be entitled to
  1  6 the tax exemption provided by law.  However, an application
  1  7 for a forest reservation or a fruit=tree reservation shall not
  1  8 be accepted by the county if allowing the exemption for that
  1  9 reservation would result in the total number of acres in
  1 10 reservations being an amount equal to more than twenty percent
  1 11 of the number of acres in the entire county.
  1 12    Sec. 2.  Section 427C.2, Code 2005, is amended to read as
  1 13 follows:
  1 14    427C.2  RESERVATIONS.
  1 15    On any tract of land in the state of Iowa, the owner or
  1 16 owners may select a permanent forest reservation or
  1 17 reservations, each not less than two acres in continuous area,
  1 18 or a fruit=tree reservation or reservations, not less than one
  1 19 nor more than ten acres in total area, or both, and upon
  1 20 compliance with the provisions of this chapter, and subject to
  1 21 the limitation in section 427C.1, such owner or owners shall
  1 22 be entitled to the benefits provided by law.
  1 23    Sec. 3.  Section 427C.3, Code 2005, is amended to read as
  1 24 follows:
  1 25    427C.3  FOREST RESERVATION.
  1 26    A forest reservation shall contain not less than two
  1 27 hundred growing forest trees on each acre.  If the area
  1 28 selected is a forest containing the required number of growing
  1 29 forest trees, it shall be accepted as a forest reservation
  1 30 under this chapter provided application is made or on file on
  1 31 or before February 1 of the exemption year.  If any buildings
  1 32 are standing on an area selected as a forest reservation under
  1 33 this section or a fruit=tree reservation under section 427C.7,
  1 34 one acre of that area shall be excluded from the tax
  1 35 exemption.  However, and the exclusion of that acre shall not
  2  1 affect the area's meeting the acreage requirement of section
  2  2 427C.2.  However, the acre shall not be counted when
  2  3 determining the limit in section 427C.1.
  2  4    Sec. 4.  Section 441.22, Code 2005, is amended to read as
  2  5 follows:
  2  6    441.22  FOREST AND FRUIT=TREE RESERVATIONS.
  2  7    Forest and fruit=tree reservations fulfilling the
  2  8 conditions of sections 427C.1 to 427C.13 shall be exempt from
  2  9 taxation, subject to the limitation in section 427C.1.  In all
  2 10 other cases where trees are planted upon any tract of land,
  2 11 without regard to area, for forest, fruit, shade, or
  2 12 ornamental purposes, or for windbreaks, the assessor shall not
  2 13 increase the valuation of the property because of such
  2 14 improvements.
  2 15    Sec. 5.  EFFECTIVE AND APPLICABILITY DATE PROVISIONS.  This
  2 16 Act, being deemed of immediate importance, takes effect upon
  2 17 enactment and applies to applications for a forest or fruit=
  2 18 tree reservation filed on or after the effective date of this
  2 19 Act.  However, if as of the effective date of this Act the
  2 20 total number of acres accepted for exemption in a county
  2 21 exceeds an amount equal to more than twenty percent of the
  2 22 number of acres in the entire county, the county shall not
  2 23 cause any reservation which has been accepted for exemption
  2 24 prior to the effective date to lose its exemption.
  2 25                           EXPLANATION
  2 26    This bill places a limit on the total number of acres that
  2 27 may be placed in forest and fruit=tree reservations.  The
  2 28 limit is an amount equal to not more that 20 percent of the
  2 29 number of acres in the entire county.
  2 30    The bill takes effect upon enactment and applies to
  2 31 applications for forest and fruit=tree reservations filed on
  2 32 or after that date.  The bill also provides that those acres
  2 33 in reservations on the effective date of the bill shall retain
  2 34 their exempt status even if the total number of acres in
  2 35 reservations in the county exceeds the 20 percent limitation.
  3  1 LSB 6360YH 81
  3  2 sc:nh/je/5