HB 297

In order to protect agricultural, forest, and open space land from the pressures of urbanization, scattered residential and commercial development, and the taxation system, present law classifies such qualified lands so that they are taxed on the value of the land ' s current use, not highest and best use. Landowners must apply for such classifications of land and meet certain requirements. If the land is sold, the new owner must reapply. If the land is passed down to lineal descendants, the classification does no t need to be renewed. This bill provides that if two landowners own a piece of agricultural, forest, or open space land together, with such ownership shared through a joint tenancy or tenancy by the entireties, then the surviving or remaining owner beco mes the sole owner after one owner's death or divorce. In such a case, the surviving or remaining owner keeps the classification for the land and does not need to renew it. ON FEBRUARY 24, 2025, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 297, AS AMENDED. AMENDMENT #1 clarifies that, in order for the classification to remain without renewal pursuant to the bill, the agricultural, forest, or open space land must continue to meet the minimum size requirements and other criteria necessary to qua lify as such classification. ON MARCH 13, 2025, THE SENATE SUBSTITUTED HOUSE BILL 297 FOR SENATE BILL 247, ADOPTED AMENDMENT #2, AND PASSED HOUSE BILL 297, AS AMENDED. AMENDMENT #2 rewrites the bill to, instead, provide that if p roperty is qualified as agricultural, forest, or open space land , owned by two individuals, and held under the titles of tenancy by the entireties or of joint tenancy with right of survivorship, then such land is deemed to have unchanged ownership upon the death of an owner if t he property is retained by the other owner through a right of survivorship or upon the divorce of the owners if the property is retained by either owner through division and distribution of property in the divorce proceeding.