Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.

First Regular Session

Sixty-first General Assembly

LLS NO. 97­0249.01 SLE HOUSE BILL 97­1102

STATE OF COLORADO

BY REPRESENTATIVE Grampsas;

also SENATOR J. Johnson.

FINANCE

A BILL FOR AN ACT

CONCERNING EXPANSION OF REQUIREMENTS FOR CLASSIFICATION AS AGRICULTURAL PROPERTY FOR PROPERTY TAX PURPOSES.

Bill Summary

"Prop Tax ­ Ag Land ­ Equine Boarding"

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Includes land used for equine boarding facilities in the definition of "agricultural land".


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  39­1­102 (1.6) (a) (I), Colorado Revised Statutes, 1994 Repl. Vol., is amended, and the said 39­1­102, as amended, is further amended BY THE ADDITION OF A NEW SUBSECTION, to read:

39­1­102.  Definitions. As used in articles 1 to 13 of this title, unless the context otherwise requires:

(1.6) (a)  "Agricultural land" means one of the following:

(I)  A parcel of land, whether located in an incorporated or unincorporated area and regardless of the uses for which such land is zoned, which was used the previous two years and presently is used as a farm, or ranch, OR EQUINE BOARDING FACILITY, as defined in subsections (3.5) and (13.5) (3.4), (3.5), AND (13.5) of this section, and the gross income resulting from such use equals or exceeds one­third of the total gross income resulting from all uses of the property during any given property tax year, or which is in the process of being restored through conservation practices. Such land must have been classified or eligible for classification as "agricultural land", consistent with this subsection (1.6), during the ten years preceding the year of assessment. Such land must continue to have actual agricultural use. "Agricultural land" under this subparagraph (I) includes land underlying any residential improvement located on such agricultural land and also includes the land underlying other improvements if such improvements are an integral part of the farm or ranch and if such other improvements and the land area dedicated to such other improvements are typically used as an ancillary part of the operation. The use of a portion of such land for hunting, fishing, or other wildlife purposes, for monetary profit or otherwise, shall not affect the classification of agricultural land.

(3.4)  "EQUINE BOARDING FACILITY" MEANS A PARCEL OF LAND THAT IS USED FOR FEEDING, KEEPING, PASTURING, OR BOARDING HORSES, PONIES, MULES, DONKEYS, AND HINNYS FOR THE PRIMARY PURPOSE OF OBTAINING A MONETARY PROFIT.

SECTION 2.  Effective date ­ applicability. This act shall take effect upon passage and shall apply to property tax years commencing on or after January 1, 1997.

SECTION 3.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.