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The Garden State’s high quality of life depends to a great extent
on maintaining our diverse agricultural industry. Agriculture is an important
contributor to New Jersey’s economic vitality, employing thousands
of people in a variety of careers on and off the farm. Privately owned
farmland and woodland account for more than one million acres of land,
nearly 25 percent of the state’s land area, on which taxes are paid
to support municipal budgets, school districts and county governments.
In 1963, New Jersey voters approved a constitutional amendment that permitted
farmland to be assessed and taxed based on the agricultural productivity
of the land. Today, farmland assessment is one of the single most important
public policies in keeping agriculture, and all its positive environmental,
economic and aesthetic attributes, alive and well in this, the most densely
populated state in the nation. Following the constitutional amendment,
the Farmland Assessment Act established the implementation program for
farmland and woodland to be assessed at its agricultural or horticultural
value. At the time the Act was adopted, it was only the second such program
in the nation. Now, every state has enacted a farmland taxation program
to support the economic viability and diverse benefits of agriculture.
Farmland assessment does not forgive taxes. The Act permits assessments
on qualified land to be in line with net income from the land, allowing
the farmland owner the opportunity to pay local taxes based on the productive
capacity of the land devoted to agricultural or horticultural production.
Farmland assessment provides tax equity when land used for agricultural
purposes is assessed on that basis. The Farmland Assessment Act provides
the means through which land “actively devoted” to an agricultural
or horticultural use can be taxed at its productive capabilities for cropland
harvested, cropland pastured, permanent pasture, appurtenant woodland
and non-appurtenant woodland.
The Farmland Assessment Act deals with the assessed value of land. It
does not affect the assessed value of improvements. The farm dwelling,
land associated with the farm dwelling, and farm structures such as barns,
farm markets, packaging and processing structures, and equine facilities
are assessed and taxed at the same level, market value, as other non-farm
real estate. A State Farmland Evaluation Advisory Committee annually establishes
productivity values for farmland and woodland for use by local assessors
in assessing qualified farmland. It is important to note that New Jersey
farmers continue to pay the second highest property taxes in the nation,
eight times higher than the national average, even with farmland assessment.
The Farmland Assessment Act also provides for a levy of rollback tax if
the use of the land changes from agriculture or horticulture. Any qualified
land that changes from an eligible agricultural or horticultural use to
some other non-farm use, which includes the abandonment of agricultural
activity, is subject to rollback taxes. The rollback tax liability is
for the year in which the change takes place, and for each of the two
tax years immediately preceding in which the land was valued, assessed
and taxed under the Act. The liability for rollback taxes attaches to
the land at the time a change in use of the land occurs, but not when
a change in ownership takes place, if the new owner continues to devote
the land to an agricultural or horticultural use in conformity with the
requirements of the Act.
Periodically, certain provisions of the Farmland Assessment Act have been
questioned and have come under the scrutiny of legislators and other policymakers.
In order to develop objective information on the program’s basic
qualification criteria, the New Jersey Department of Agriculture commissioned
a study by Cook College, Rutgers University. The study, issued in January
1999, provided objective, quantitative information regarding possible
impacts resulting from changes to the program’s qualification criteria.
However, the study did not provide any recommendations concerning its
findings. To fully evaluate the economic analysis and findings of the
Cook College report and develop recommendations, a Farmland Assessment
Review Committee was created by the New Jersey Department of Agriculture.
In the Recommendations of the Farmland Assessment Review Committee prepared
in March 2001, the Committee looked at the findings of the Cook College
study and strongly recommended that the current minimum acreage and revenue
requirement remain unchanged. In assessing the impact of lengthening the
rollback period, the study found that sizable acreage would go out of
agriculture if the rollback years were increased. This is because, for
many farmers, the motivation to remain in agriculture stems not only from
current financial returns, but also from the increasing value of their
farmland. If the rollback period were lengthened, that would be tantamount
to a reduction in the value of the land due to the increased cost of land
conversion. Therefore, any increase in the length of the rollback period
would reduce the motivation to remain in farming and retain farmland.
THEREFORE, BE IT RESOLVED, that we the delegates to the
90th State Agricultural Convention assembled in Atlantic City, New Jersey
on January 24-26, 2005, fully endorse the paramount importance farmland
assessment has in providing tax equity to farmland and woodland actively
devoted to an agricultural or horticultural use. We concur with the findings
of the Farmland Assessment Review Committee that to change either the
minimum acreage and revenue requirements or the rollback provisions as
provided in the constitutional amendment would result in additional losses
of farmland and woodland.
BE IT FURTHER RESOLVED, in light of the many changes taking place
in New Jersey, the New Jersey Department of Agriculture and the agricultural
community need to increase their efforts in educating all of our citizens
on the significance of agricultural policies in sustaining a viable agricultural
industry and maintaining tax-paying open space.
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