Liability upon withdrawal
Sec. 19. (a) If land that is classified as a windbreak is withdrawn
from the classification, the owner shall pay an amount equal to the
lesser of:
(1) the sum of:
(A) the total property taxes that, if it were not for the
classification, would have been assessed on the land during
the period of classification or the ten (10) year period
immediately preceding the date on which the land is
withdrawn from the classification, whichever is lesser; plus
(B) interest on the property taxes at the rate of ten percent
(10%) per year; or
(2) the remainder of:
(A) the withdrawal assessment of the land; minus
(B) the sum of the initial classification assessment of the
land and any increase in the initial classification of the land
resulting from the subsequent construction of a ditch or
levee.
(b) The liability imposed by this section is a lien upon the land
withdrawn from the classification. When the amount is collected, it
shall be paid into the county general fund. If the amount is not paid,
it shall be treated in the same manner that delinquent taxes on real
property are treated.
(c) For purposes of this section, "initial classification assessment"
means the assessment required under section 5 of this chapter, and
"withdrawal assessment" means the assessment required under
section 15 or 16 of this chapter.
As added by P.L.58-1985, SEC.1.
Last modified: May 28, 2006