2023 Tennessee Code › Title 67 - TAXES AND LICENSES (§§ 67-1-101 — 67-10-107) › Chapter 5 - PROPERTY TAXES (§§ 67-5-101 — 67-5-2803) › Part 10 - CLASSIFICATION AND ASSESSMENT - AGRICULTURAL, FOREST AND OPEN SPACE LAND ACT OF 1976 (§§ 67-5-1001 — 67-5-1012) › Section 67-5-1009 - Assessment of open space easement - Basis of classification

(a)
Where an open space easement as defined in §
67-5-1004
has been executed and recorded for the benefit of a local government or a qualified conservation organization as provided in this section or as provided in §
11-15-107
, the assessor of property shall henceforth assess the value and classification of such land, and taxes shall be computed and recorded each year both on the basis of:
(1)
Farm classification and value in its existing use under this part, taking into consideration the limitation on future use as provided for in the easement; and
(2)
Such classification and value, under part 6 of this chapter, as if the easement did not exist; but taxes shall be assessed and paid only on the basis of farm classification and fair market value in its existing use, taking into consideration the limitation on future use as provided for in the easement.
(b)
(1)
To serve as the basis of a classification as open space land pursuant to this part, an open space easement executed for the benefit of a local government shall be preceded by a consultation with a local planning commission and shall be subject to cancellation by the local governing body, only if all of the following conditions are met:
(A)
The easement has been in effect for a period of at least ten (10) years;
(B)
The local governing body determines that the open space is not needed in that location and that the public interest would be better served by cancellation of the easement;
(C)
The local planning commission finds that the open space is not needed in that location and that the public interest would be better served by the cancellation of the easement; and
(D)
The owner has paid to the county and municipality in which the land is situated an amount equal to the difference between the taxes actually paid during the ten (10) preceding years and the taxes computed during the ten (10) preceding years on the basis of fair market value and classification of the land as if the easement had not existed, as provided for in this section.
(2)
Nothing in this subsection (b) shall be deemed to prohibit the owner and the local government from agreeing to additional conditions that must be met before cancellation is allowed.
(c)
(1)
Open space land, as defined in §
67-5-1004
, that comprises at least fifteen (15) contiguous acres may also qualify for classification and assessment under this part, if the owner grants an open space easement to a qualified conservation organization and the grantee organization accepts the easement in writing.
(2)
Any portion of the land that is in actual use as a home site or any other non-open space use shall not qualify as open space land for purposes of this section.
(3)
If the owner of the land reserves a portion of the land for future development, construction of improvements for private use, or any other non-open space use, then that portion shall lose eligibility as open space land upon commencement of the non-open space use and the owner shall pay to the affected county and city the property taxes saved as a result of the open space classification of that portion of the land and an additional amount equal to ten percent (10%) of the taxes saved.
(4)
Any written agreement for easement entered into after July 1, 2007, shall contain a disclosure that rollback taxes may be due if the easement is cancelled.
(5)
A qualified conservation organization is a nonprofit organization that is approved by the Tennessee heritage conservation trust fund board of trustees and meets the eligibility criteria established by the trustees for recipients of trust fund grants or loans. For purposes of this section, a qualified conservation organization also includes any department or agency of the United States government which acquires an easement pursuant to law for the purpose of restoring or conserving land for natural resources, water, air and wildlife.
(d)
Any owner of open space easement land who seeks to have the land classified for assessment pursuant to this part shall apply to the assessor as provided in §
67-5-1007(b)
and record a copy of the easement and the grantee's written acceptance with the register of deeds.
Amended by 2014 Tenn. Acts, ch. 846,s 1, eff. 4/29/2014.
Acts 1976, ch. 782, § 10; T.C.A., § 67-658; Acts 1996, ch. 809, §§ 1, 2; 2007, ch. 514, §§ 1, 2.