Introduced
by
To require the state to subordinate to subsequent lienholders its interest on a farm property obtained under a law which grants a landowner lower tax assessments in exchange for a promise to keep the land in agriculture or as undeveloped open space. The agreement creates an easement in which the state has a lien on the property. The landowner must be an “individual essential to the operation of the farm.” Under current law, the state's interest is subordinate to prior liens, but not to ones entered subsequent to the easement. A subsequent lien could include refinancing a prior mortgage.
Referred to the Committee on Agriculture and Resource Management
Reported without amendment
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
Substitute offered
To replace the previous version of the bill with one which would exempt Purchase of Development Rights agreements (PDRs) from the scope of the bill.
The substitute passed by voice vote
Passed in the House 103 to 0 (details)
To require the state to subordinate to subsequent lienholders its interest on a farm property obtained under a law which grants a landowner lower tax assessments in exchange for a promise to keep the land in agriculture or as undeveloped open space. The agreement creates an easement in which the state has a lien on the property. The landowner must be an “individual essential to the operation of the farm.” Under current law, the state's interest is subordinate to prior liens, but not to ones entered subsequent to the easement. A subsequent lien could include refinancing a prior mortgage. The bill would not apply to Purchase of Development Rights agreements (PDRs).
Referred to the Committee on Natural Resources and Environmental Affairs
Reported without amendment
With the recommendation that the bill be referred to the Committee on Agriculture, Forestry and Tourism.
Referred to the Committee on Agriculture, Forestry, and Tourism
Reported without amendment
With the recommendation that the following amendment be adopted and that the bill then pass: 1. Amend page 2, line 17, by striking out "36111(2)" and inserting "36111(2)(a)"..
Amendment offered
To clarify a reference in the bill to another statute.
The amendment passed by voice vote
Passed in the Senate 38 to 0 (details)
To require the state to subordinate to subsequent lienholders its interest on a farm property obtained under a law which grants a landowner lower tax assessments in exchange for a promise to keep the land in agriculture or as undeveloped open space. The agreement creates an easement in which the state has a lien on the property. The landowner must be an “individual essential to the operation of the farm.” Under current law, the state's interest is subordinate to prior liens, but not to ones entered subsequent to the easement. A subsequent lien could include refinancing a prior mortgage. The bill would not apply to Purchase of Development Rights agreements (PDRs).
Passed in the House 108 to 0 (details)
To concur with the Senate-passed version of the bill.
