KRS 132.450: Assessment -- Special procedure and provision for assessing real property

at agricultural or horticultural value -- Election by owner.

(1) Each property valuation administrator shall assess at its fair cash value all property

which it is his duty to assess except as provided in paragraph (c) of subsection (2) of

this section. The property of one (1) person shall not be assessed willfully or

intentionally at a lower or higher relative value than the same class of property of

another, and any grossly dis criminatory valuation shall be construed as an

intentional discrimination. The property valuation administrator shall make every

effort, through visits with the taxpayer, personal inspection of the property, from

records, from his own knowledge, from information in property schedules, and from

such other evidence as he may be able to obtain, to locate, identify, and assess

property.

(2) (a) In determining the total area of land devoted to agricultural or horticultural

use, there shall be included the area o f all land under farm buildings,

greenhouses and like structures, lakes, ponds, streams, irrigation ditches and

similar facilities, and garden plots devoted to growth of products for on -farm

personal consumption but there shall be excluded, land used in co nnection

with dwelling houses including, but not limited to, lawns, drives, flower

gardens, swimming pools, or other areas devoted to family recreation. Where

contiguous land in agricultural or horticultural use in one (1) ownership is

located in more than one (1) county or taxing district, compliance with the

minimum requirements shall be determined on the basis of the total area of

such land and not the area of land which is located in the particular county or

taxing district.

(b) Land devoted to agricult ural or horticultural use, where the owner or owners

have petitioned for, and been granted, a zoning classification other than for

agricultural or horticultural purposes qualifies for the agricultural or

horticultural assessment until such time as the land changes from agricultural

or horticultural use to the use granted by the zoning classification.

(c) When the use of a part of a tract of land which is assessed as agricultural or

horticultural land is changed either by conveyance or other action of the

owner, the right of the remaining land to be retained in the agricultural or

horticultural assessment shall not be impaired provided it meets the minimum

requirements, except the minimum ten (10) contiguous acre requirement shall

not be applicable if any por tion of the agricultural or horticultural land has

been acquired for a public purpose as long as the remaining land continues to

meet the other requirements of this section.

(d) When in the opinion of the property valuation administrator any land has a

value in excess of that for agricultural or horticultural use the property

valuation administrator shall enter into the tax records the value of the

property according to its fair cash value. When the property valuation

administrator determines that the land meets the requirements for valuation as

agricultural or horticultural land, the valuation for tax purposes shall be its

agricultural or horticultural value.

(3) When land which has been valued and taxed as agricultural land for five (5) or more

consecutive years under the same ownership fails to qualify for the classification

through no other action on the part of the owner or owners other than ceasing to

farm the land, the land shall retain its agricultural classification for assessment and

taxation purpos es. Classification as agricultural land shall expire upon change of

use by the owner or owners or upon conveyance of the property to a person other

than a surviving spouse.

(4) If the property valuation administrator assesses any property at a greater valu e than

that listed by the taxpayer or assesses unlisted property, the property valuation

administrator shall serve notice on the taxpayer of such action. The notice shall be

given by first-class mail or as provided in the Kentucky Rules of Civil Procedure.

(5) Any taxpayer may designate on the property schedule any property which he does

not consider to be subject to taxation, and it shall be the duty of the property

valuation administrator to obtain and follow advice from the department relative to

the taxability of such property.