77-1344. Agricultural or horticultural land; special valuation; when applicable.
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/ne/chapter-77/77-1344A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Agricultural or horticultural land which has an actual value as defined in section 77-112 reflecting purposes or uses other than agricultural or horticultural purposes or uses shall be assessed as provided in subsection
(3)of section 77-201 if the land meets the qualifications of this subsection and an application for such special valuation is filed and approved pursuant to section 77-1345 . In order for the land to qualify for special valuation, the land shall be agricultural or horticultural land and
(a)the land shall consist of five contiguous acres or more or
(b)if the land consists of less than five contiguous acres, the owner or lessee of the land shall provide an Internal Revenue Service Schedule F or other suitable tax document reporting a profit or loss from farming for two out of the last three years for such land.
(2)The eligibility of land for the special valuation provisions of this section shall be determined each year as of January 1. If the land so qualified becomes disqualified on or before December 31 of that year, it shall continue to receive the special valuation until January 1 of the year following.
(3)The special valuation placed on such land by the county assessor under this section shall be subject to equalization by the county board of equalization and the Tax Equalization and Review Commission.
Eligibility for special valuation must be determined as of January 1, regardless of when the application for special valuation is filed. Fountain II v. Douglas Cty. Bd. of Equal., 315 Neb. 633, 999 N.W.2d 135 (2024).
The greenbelt tax status of agricultural land does not qualify as particular evidence of rural character. County of Sarpy v. City of Gretna, 309 Neb. 320, 960 N.W.2d 272 (2021).