O.C.G.A. § 48-5-600 — Deﬁnitions

As used in this article, the term: (1) “Bona ﬁde production of trees” means the good faith, real, actual, and genuine production of trees for commercial uses. (2)(A) “Contiguous”’ means real property within a county that abuts, joins, or touches and has the same undivided common ownership. (B) If an applicant’s tract is divided by a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track, then the applicant may make an election at the time of application to declare the tract as contiguous irrespective of a county boundary, public roadway, public easement, public right of way, natural boundary, land lot line, or railroad track. (3) “Qualiﬁed owner”’ means an individual or entity that meets the conditions of Code Section 48-5-603. (4) “Qualiﬁed timberland property” means timberland property that meets the conditions of Code Section 48-5-604. (5) “Timberland property” means tangible real property that has as its primary use the bona ﬁde production of trees for the primary purpose of producing timber for commercial uses. History. Code 1981, § 48-5-600, enacted by Ga. L. 2018, p. 119, § 5/HB 85; Ga. L. 2021, p. 586, § 1/HB 282. 48-5-600.1. Classiﬁcation of qualiﬁed timberland property; exclusive procedures for appraisal and valuation. In accordance with Article VII, Section I, Paragraph III(f.1) of the Constitution of Georgia, qualiﬁed timberland property shall be classiﬁed as a separate and distinct class of tangible property. The procedures prescribed by this article for appraisal and valuation of such property and for appeals of the assessed value of such property shall be exclusive. History. Code 1981, § 48-5-600.1, enacted by Ga. L. 2018, p. 119, § 5/HB 85. 48-5-601. Determination of fair market value; access to property; delivery to county tax officials. (a) Qualiﬁed timberland property shall be returned to the commissioner between January 1 and April 1 each year. 862 48-5-602 (b) The fair market value of qualiﬁed timberland property shall be determined through an annual appraisal conducted by the commissioner in accordance with the qualiﬁed timberland property appraisal manual provided for in Code Section 48-5-602. (c) The commissioner shall have access to qualiﬁed timberland property for the purpose of conducting appraisals, provided that prior notice has been given to the qualiﬁed owner of such property. (d) The commissioner shall ensure that the appraisal values of qualiﬁed timberland property are delivered to county tax officials by July 1 of each year. (e) Notwithstanding anything in this chapter to the contrary, pursuant to Article VII, Section I, Paragraph III(f.1) of the Constitution, the value of qualiﬁed timberland property shall be at least 175 percent of such property’s forest land conservation value determined pursuant to this chapter. History. Code 1981, § 48-5-601, enacted by Ga. L. 2018, p. 119, § 5/HB 85. 48-5-602. Adoption and maintenance of qualiﬁed timberland property appraisal manual. (a) The commissioner shall adopt by rule, subject to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” and maintain a qualiﬁed timberland property appraisal manual that shall be used by the commissioner in the appraisal of qualiﬁed timberland property for ad valorem tax purposes. (b) The commissioner shall provide for a period of consultation with the Georgia Agricultural Statistical Service, Cooperative Extension Service, Georgia Forestry Association, and State Forestry Commission prior to the adoption of the qualiﬁed timberland property appraisal manual. (c)(1) Such manual shall be proposed and published on or before June 1, 2019, and annually thereafter. (2) Published manuals shall apply to the tax year following the tax year in which they are published. (3) This annual publication requirement shall not be construed to require annual adjustments, revisions, or modiﬁcations to the appraisal methodology. (d) Such manual shall contain: (1) Complete parameters for the appraisal of qualiﬁed timberland property, which shall be limited to determining the fair market value 863 48-5-604 of qualiﬁed timberland property through a market approach to valuation, which shall constitute 50 percent of the value, and an income approach to valuation, which shall constitute 50 percent of the value; (2) A table of regional values for qualiﬁed timberland property based on the geographic locations and productivity levels within the state; and (3) A prescription of methods and procedures by which identiﬁcation data, appraisal and assessment data, sales data, and any other information relating to the appraisal and assessment of property shall be furnished to the department using electronic data processing systems and equipment. History. Code 1981, § 48-5-602, enacted by Ga. L. 2018, p. 119, § 5/HB 85; Ga. L. 2021, p. 586, § 2/HB 282. 48-5-603. Certiﬁcation as qualiﬁed owner; requirements.