350 NAC 11-002. DEFINITIONS

REG-11-002 DEFINITIONS 002.01 Additional taxes shall mean the amount of potential tax liability constituting the difference between real property taxes due as a result of the special valuation assessment and taxes which would have been due had the land been taxed at the recapture valuation. 002.02 Actual value shall mean the market value of real property in the ordinary course of trade. It is the most probable price expressed in terms of money that a property will bring if exposed for sale in the open market in an arm's length transaction between a willing seller and a willing buyer, both of whom are knowledgeable concerning all the uses to which the real property is adapted and for which it is capable of being used. Actual value may be determined using professionally accepted mass appraisal methods, including, but not limited to, the (1) sales comparison approach, (2) income approach, and (3) cost approach. 002.03 Special valuation shall mean the actual value of the land if the land were available only for agricultural or horticultural purposes or uses without regard to any other purpose or use to which the land may be used. 002.04 Special valuation assessment shall mean seventy-five (75) percent of the special valuation. 002.05 Recapture valuation shall mean the actual value of the land. 002.06 Recapture valuation assessment shall mean eighty (80) percent of the recapture valuation for tax years 2006 and 2005. For tax year 2007 and thereafter the recapture valuation assessment shall mean seventy-five (75) percent of the recapture valuation. 002.07 Agricultural land and horticultural land is a parcel of land primarily used for agricultural or horticultural purposes. This includes wasteland lying in or adjacent to and in common ownership or management with other agricultural and horticultural land. Agricultural land and horticultural land does not include any land directly associated with any building or enclosed structure. 002.08 Agricultural and horticultural purposes shall mean used for the commercial production of any plant or animal product in a raw or unprocessed state that is derived from the science and art of agriculture, aquaculture, or horticulture. 002.08A Agricultural or horticultural purposes includes land retained or protected for future agricultural or horticultural purposes under a conservation easement as provided in the Conservation and Preservation Easements Act, except when the parcel or a portion thereof is used for purposes other than agricultural or horticultural purposes. 002.08B Agricultural or horticultural purposes also includes land enrolled in a federal or state program in which payments are received for removing such land from agricultural or horticultural production. 002.08B(1) Land encumbered by an easement under the Wetlands Reserve Program cannot be used for agricultural or horticultural purposes and therefore cannot be characterized as agricultural or horticultural land and must be valued at its actual value. 002.09 Owner shall mean an owner of record of agricultural or horticultural land or the purchaser of agricultural or horticultural land under a contract for sale. 002.10 Lessee for purposes of Neb. Rev. Stat. Sections 77-1343 through 77-1348, shall mean a person leasing agricultural or horticultural land from a state or governmental subdivision which is an owner that is subject to taxation under Neb. Rev. Stat. Section 77-202.11. 002.11 Applicant for purposes of Neb. Rev. Stat. Sections 77-1343 through 77-1348 shall mean the owner or lessee that is responsible for paying the property taxes levied on the land. 002.12 Parcel shall mean a contiguous tract of land under the same ownership and in the same tax district and section. Parcel may include all lots in a block that belong to the same owner and are in the same tax district. Parcel shall also mean an improvement on leased land (IOLL). A parcel cannot contain more than one section. 002.13 Commercial production shall mean agricultural and horticultural products produced for the primary purpose of obtaining a monetary profit. (Neb. Rev. Stat. Section 23-372, R.S. Supp., 2000, Neb. Rev. Stat. Sections 23-174.03, 77-1343, 77-1347 and 77-1359, R.S. Supp., 2006 and Neb. Rev. Stat. Sections 77-702, 77-1346 and 77-1348, R.S. Supp., 2007.) REG 11-003 ELIGIBILITY 003.01 In order to be eligible for the special valuation assessment the land must meet the following criteria: 003.01A The land must be located outside the corporate boundaries of any sanitary and improvement district, city, or village, except that land within the corporate boundaries of a city or village if the land is subject to a conservation or preservation easement as provided in the Conservation and Preservation Easements Act and the governing body of the city or village approves an agreement creating the easement, would be eligible; 003.01B The land must be agricultural or horticultural land. Eligibility shall be determined annually as of January 1. However, the land must remain eligible the entire year in order to retain the special valuation assessment for that year. To remain eligible in succeeding years the land must continue to be agricultural or horticultural land. 003.02 An approved application will remain in effect until such time as the land becomes disqualified pursuant to REG-11-006. (Neb. Rev. Stat. Sections 77-202.03, 77-1345.01, 77-1347 and 77-5013, R.S. Supp., 2006 and Neb Rev. Stat. Sections 77-702, 77-1344,77-1345, 77-1346 and 77-1348, R.S. Supp., 2007.)