Maine Revised Statutes Title 36 Sec. 578 – Assessment of tax
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1. Organized areas. The municipal assessors or chief assessor of a primary assessing area shall adjust the State Tax Assessor’s 100% valuation per acre for each forest type of their county by whatever ratio, or percentage of current just value, is applied to other property within the municipality to obtain the assessed values. Forest land in the organized areas, subject to taxation under this subchapter, must be taxed at the property tax rate applicable to other property in the municipality.
The State Tax Assessor shall determine annually the amount of acreage in each municipality that is classified and taxed in accordance with this subchapter. Each municipality is entitled to annual payments distributed in accordance with this section from money appropriated by the Legislature if it submits a completed annual return in accordance with section 383. The State Tax Assessor shall pay any municipal claim found to be in satisfactory form by October 15th of the year following the submission of the annual return. The total municipal reimbursement appropriation is calculated on the basis of 90% of the tax lost as a result of this subchapter. For purposes of this section, “classified forest lands” means forest lands classified pursuant to this subchapter as well as all areas identified as forested land within farmland parcels that are transferred from tree growth classification on or after October 1, 2011. For the purposes of this section, “tax lost” means the tax that would have been assessed, but for this subchapter, on the classified forest lands if they were assessed according to the current regional per acre undeveloped land value as determined for state valuation purposes, or according to the current local per acre undeveloped land value as determined for state valuation purposes, whichever is less, minus the tax that was actually assessed on the same lands in accordance with this subchapter, and adjusted for the aggregate municipal savings in required educational costs attributable to the reduction in state valuation as a result of this subchapter. A municipality that fails to achieve the minimum assessment ratio established in section 327 loses 10% of the reimbursement provided by this section for each one percentage point the minimum assessment ratio falls below the ratio established in section 327.
A. [PL 2007, c. 438, §16 (RP).]
B. [PL 2007, c. 438, §16 (RP).]
C. The State Tax Assessor shall distribute reimbursement under this section to each municipality in proportion to the product of the reduced tree growth valuation of the municipality multiplied by the property tax burden of the municipality. For purposes of this paragraph, unless the context otherwise indicates, the following terms have the following meanings.
(1) “Property tax burden” means the total real and personal property taxes assessed in the most recently completed municipal fiscal year, except the taxes assessed on captured value within a tax increment financing district, divided by the latest state valuation certified to the Secretary of State.
(2) “Undeveloped land” means rear acreage and unimproved nonwaterfront acreage that is not:
(a) Classified under the laws governing a current use program;
(b) A base lot; or
(c) Wasteland.
(3) “Average value of undeveloped land” means the current regional per acre undeveloped land value as determined for state valuation purposes, or the current local per acre undeveloped land value as determined for state valuation purposes, whichever is less.
(4) “Reduced tree growth valuation” means the difference between the average value of undeveloped land and the average value of classified forest lands times the total number of acres of classified forest lands. [PL 2021, c. 630, Pt. C, §3 (AMD).]
[PL 2021, c. 630, Pt. C, §§2, 3 (AMD).]
Terms Used In Maine Revised Statutes Title 36 Sec. 578
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Current use program: means the:
A. See Maine Revised Statutes Title 36 Sec. 501Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Forest land: means land used primarily for growth of trees to be harvested for commercial use, but does not include ledge, marsh, open swamp, bog, water and similar areas, which are unsuitable for growing a forest product or for harvesting for commercial use even though these areas may exist within forest lands. See Maine Revised Statutes Title 36 Sec. 573 Forest type: means a stand of trees characterized by the predominance of one or more groups of key species which make up 75% or more of the sawlog volume of sawlog stands, or cordwood in poletimber stands, or of the number of trees in seedling and sapling stands. See Maine Revised Statutes Title 36 Sec. 573 lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Municipality: shall include cities, towns and plantations. See Maine Revised Statutes Title 36 Sec. 501 Personal property: All property that is not real property. Property: shall be construed to mean both real estate and personal property. See Maine Revised Statutes Title 36 Sec. 501 Return: means any document, digital file or electronic data transmission containing information required by this Title to be reported to the State Tax Assessor. See Maine Revised Statutes Title 36 Sec. 111 Tax: means the total amount required to be paid, withheld and paid over or collected and paid over with respect to estimated or actual tax liability under this Title, any credit or reimbursement allowed or paid pursuant to this Title that is recoverable by the assessor and any amount assessed by the assessor pursuant to this Title, including any interest or penalties provided by law. See Maine Revised Statutes Title 36 Sec. 111 Timber and grass: when used in reference to the public reserved lots, so called, in unorganized territory in the State, means all growth of every description on said lots. See Maine Revised Statutes Title 1 Sec. 72 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Unorganized territory. The State Tax Assessor shall adjust the 100% valuation per acre for each type for each county by such ratio or percentage as is then being used to determine the state valuation applicable to other property in the unorganized territory to obtain the assessed values. Commencing April 1, 1973, forest land in the unorganized territory subject to taxation under this subchapter shall be taxed at the same property tax rate as is applicable to other property in the unorganized territory, which rate shall be applied to the assessed values so determined. Upon collection by the State Tax Assessor, such taxes shall be deposited in the Unorganized Territory Education and Services Fund in accordance with section 1605.
[PL 1981, c. 706, §8 (AMD).]
3. Divided ownership. In cases of divided ownership of land and the timber and grass rights thereon, the assessor shall apportion 10% of the valuation to the land and 90% of the valuation to the timber and grass rights.
[PL 1973, c. 308, §9 (AMD).]
SECTION HISTORY
PL 1971, c. 616, §8 (NEW). PL 1973, c. 308, §§7-9 (AMD). PL 1973, c. 460, §18 (AMD). PL 1975, c. 501 (AMD). PL 1977, c. 282 (AMD). PL 1977, c. 720, §3 (AMD). PL 1981, c. 364, §20A (AMD). PL 1981, c. 517, §§10,11 (AMD). PL 1981, c. 706, §§7,8 (AMD). PL 1987, c. 852, §1 (AMD). PL 1987, c. 861, §40 (AMD). PL 1987, c. 876, §3 (AMD). PL 1989, c. 857, §76 (AMD). PL 1993, c. 452, §4 (AMD). PL 1997, c. 24, §C4 (AMD). PL 1997, c. 24, §C18 (AFF). PL 1999, c. 708, §21 (AMD). PL 2005, c. 457, §CCC1 (AMD). PL 2007, c. 438, §16 (AMD). PL 2007, c. 639, §1 (AMD). PL 2009, c. 213, Pt. O, §1 (AMD). PL 2011, c. 404, §1 (AMD). PL 2017, c. 170, Pt. B, §4 (AMD). PL 2017, c. 288, Pt. A, §37 (AMD). PL 2021, c. 398, Pt. J, §1 (AMD). PL 2021, c. 630, Pt. C, §§2, 3 (AMD).