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Category Archives: Special Use Valuation
April 23, 2021 Weekly Round Up
Happy Friday! It’s sure been a week around here. I hope we all get some rest this weekend. Here are some of the ag law stories in the news the past couple of weeks. *Important property tax deadlines coming up for rural Texas landowners. Many property tax deadlines are coming up, requiring that paperwork be submitted by rural landowners to County Appraisal Districts before May 1. This includes the deadline to submit an open space valuation application and a wildlife management valuation application. Keep in mind, anyone who… Read More →
Case Addressing Open Space Valuation of Property with Cattle Grazing & Quarry Activity
A recent case from the Ft. Worth Court of Appeals, Hood County Appraisal District v. Mandy Ann Management Ltd., discusses whether property used for grazing cattle on which a quarry is present qualifies for open space tax valuation. Background Mandy Ann Management Ltd. (“Mandy”) owns 679 acres in Hood County. The property was purchased by Mandy’s owner, Michael Arnold, in 2006 and he transferred the ownership to Mandy in 2016. The property is shaped like an upside down L. Mandy’s property is surrounded to the north and west by… Read More →
Case Illustrates Important Rule When Protesting Property Taxes
In March of this year, the First Court of Appeals in Houston issued an opinion in Grimes County Appraisal District v. Harvey, which is a good illustration of an important legal requirement for persons protesting actions of an appraisal district related to property taxes. Background James Harvey owns 91 acres in Grimes County. For the 2015 tax year, the property received agricultural use valuation and the tax bill was $138.13, which Mr. Harvey paid. In early 2016, the Grimes County Appraisal District (GCAD) sought a re-application from Mr…. Read More →
Important Property Tax Deadlines Coming Up
Recently, I have gotten several phone calls from folks regarding property tax issues that might have been avoided had they understood required actions and upcoming deadlines. I thought it worth highlighting a couple of key situations today. Filing Open Space or Agricultural Use Valuation Application The deadline for filing open space, ag use, and wildlife management valuation applications is before May 1. The Chief Appraiser may, for good cause, extend this deadline by up to 60 days, but obviously the more prudent route is to be sure and file… Read More →
Special Use Valuation in Texas (Part IV): Wildlife Management Use
This is our final post in the Special Use Valuation in Texas series. If you missed any of the prior posts, click here. Today, we will look at the Wildlife Management Use Valuation (“WMUV”). Although technically a sub-part of the Open Space Valuation method (Texas Constitution Article VII, Section (1)(d)(1), WMUV has a distinct set of rules apart from other open space land. These rules are found in the Texas Tax Code Sections 23.51 and 23.521 and the Texas Administrative Code Chapter 9.2001 – 2005. WMUV is the… Read More →
Special Use Valuation in Texas (Part III): Open Space Valuation
Today, we continue with our blog series on special use valuation in Texas. If you are just joining us, here are links to Parts I and II. This blog post will focus on the rules related to Open Space Valuation (“OSV”). Passed in 1978, more than a decade after Agricultural Use Valuation, this method is governed by Article VIII, Section 1(d)(1) of the Texas Property Code and Sections 23.51-59 of the Texas Tax Code. This valuation method may also frequently be referred to as “1(d)(1) valuation.” A one-time application… Read More →
Special Use Valuation in Texas (Part II): Agricultural Use Valuation
This marks our second post in our Special Use Valuation in Texas blog series. If you missed the initial post, click here. Today, we will kick things off by looking at Agricultural Use Valuation (“AUV”). This method was passed into law in 1966 and is governed by Article VIII, Section (d)(1) of the Texas Constitution and Sections 23.41-47 of the Texas Tax Code. This is the oldest valuation method available for agricultural land, and perhaps that with the most stringent requirements. An annual application must be filed with… Read More →
Special Use Valuation in Texas (Part I): The Basics
Most Texas landowners are aware of the special use valuation methods available to agricultural landowners that allow property taxes to be calculated based on productive agricultural value, as opposed to market value of the land. Importantly, this is not a “tax exemption,” for agricultural landowners, but instead is an alternative way to calculate property taxes owed. This blog series will address the basic concept of special use valuation, and will then walk through the three valuation methods available to agricultural landowners: agricultural use valuation; open space valuation; and… Read More →