§ 44-5-40 - Procedures for collecting land use change tax.
SECTION 44-5-40
§ 44-5-40 Procedures for collecting landuse change tax. – (a) When a change in the use of the land occurs the assessor shall record inthe land evidence records a notice of the change in use, stipulating on theland evidence records, a description of the property, its plat and lot number(if any), the fair market value, and the amount of taxes due. Similar noticesshall be mailed to the present owner of the property and the director ofenvironmental management by registered or certified mail within twenty-four(24) hours of the recording. The tax constitutes a lien on the property at thetime of recording the notice of land use change and the tax becomes due andpayable in full within ninety (90) days of the date of recording. The liencontinues in effect until the taxes are paid in full. Every city and town shallmake provisions for the payment in installments of any land use change tax,permitting persons to pay the tax in equal quarterly installments, with thefinal quarter to be paid in full within one year of the date when the change ofuse notice is recorded, as prescribed in this subsection. Failure by the ownerto pay the taxes in a timely manner as prescribed in this subsection allows thetax collector to advertise and sell the property in the same manner asprescribed in chapter 9 of this title.
(b) The board of assessment review of any city or town, orthe city or town council if there is no board of review in any city or town,has the authority to hear and consider the appeal of any property ownerconcerning the fair market value placed on his or her land by the assessor, andif it appears that the land has been appraised in excess of its fair marketvalue at the time of the change in use, the board or council has the power tochange the value of the land and adjust the land use change tax applied to theland according to the schedule prescribed in § 44-5-39.