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openspacetaxagrmt_KCT signed
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2022-02-15 10:00 AM - Commissioners' Agenda
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openspacetaxagrmt_KCT signed
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Last modified
2/10/2022 1:01:30 PM
Creation date
2/10/2022 1:01:11 PM
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Meeting
Date
2/15/2022
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
h
Item
Request to Approve a Public Benefit Rating System Open Space Tax Classification Agreement for File number OS-21-00035
Order
8
Placement
Consent Agenda
Row ID
86034
Type
Agreement
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5. The landowner may withdraw from this agreement if, after a period of ten years, he or she files a request to <br />withdraw classification with the assessor. Two years from the date of that request the assessor shall withdraw <br />classification from the land, and the applicable taxes and interest shall be imposed as provided in <br />RCW 84.34.070 and 84.34.108. This provision will not apply if there is a pending merger of a county's timber <br />land classification and designated forest land program and the merger will occur prior to the date of withdrawal. If <br />this occurs, the owner can choose to: (1) request immediate removal of the land from the timber land classification, <br />(2) request immediate removal, after the merger, of the land from the designated forest land program, or (3) <br />request the assessor to remove the land from the designated forest land program once two assessment years have <br />passed following the receipt of the notice to withdraw. These removals will still be subject to the additional tax, <br />interest, and penalty, or compensating tax. <br />6. After the effective date of this agreement, any change in use of the land, except through compliance with items <br />(5), (7), (9), or (10), shall be considered a breach of this agreement, and shall be subject to removal of <br />classification and liable for additional tax, interest, and penalty as provided in RCW 84.34.080 and RCW <br />84.34.108. <br />A breach of agreement shall not have occurred and the additional tax shall not be imposed if removal of <br />classification resulted solely from: <br />a) Transfer to a governmental entity in exchange for other land located within the State ofWashington; <br />b) A taking through the exercise of the power of eminent domain, or sale or transfer to an entity having the <br />power in anticipation of the exercise of such power and having manifested its intent in writing or by other <br />official action; <br />c) A natural disaster such as a flood, windstorm, earthquake, or other such calamity rather than by virtue of the <br />act of the land owner changing the use of such property; <br />d) Official action by an agency of the State of Washington or by the county or city where the land is located <br />disallowing the present use of such land <br />e) Transfer of land to a church when such land would qualify for exemption pursuant to RCW 84.36.020; <br />f) Acquisition of property interests by state agencies or agencies or organizations qualified under <br />RCW 84.34.210 and 64.04.130 for the purposes enumerated in those sections (see RCW 84.34.108(6)(f)); <br />g) Removal of land classified as farm and agricultural land under RCW 84.34.020(2)(t); <br />h) Removal of land from classification after enactment of a statutory exemption that qualifies the land for <br />exemption and receipt of notice from the owner to remove the land from classification; <br />i) The creation, sale, or transfer of forestry riparian easements under RCW 76.13.120; <br />j) The creation, sale, or transfer of a fee interest or a conservation easement of private forest lands within <br />unconfined channel migration zones or containing critical habitat for threatened or endangered species under <br />RCW 76.09.040; <br />k) The sale or transfer of land within two years after the death of the owner of at least a fifty percent interest in <br />the land if the land has been assessed and valued as forest land under chapter 84.33 RCW, or under chapter <br />84.34 RCW continuously since 1993. The date of death shown on the death certificate is the date used; or <br />1) The discovery that the land was classified in error through no fault of the owner. <br />8. The county assessor may require an owner to submit data relevant to continuing the eligibility of any parcel of <br />land described in this agreement. <br />9. The owner may apply for reclassification of the land if reclassification is permissible under RCW 84.34.070. <br />10. Changes to the conditions of this agreement could result in the re -rating of the parcel by the granting authority, <br />subject to a public hearing, and may result in a change in assessed value. If the granting authority approves the <br />changes in conditions, a revised agreement may be required. <br />REV 64 0022e (w) (613114) <br />
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