Sec. 24. (a) If land that is classified as native forest land, a forest plantation, or wildlands is withdrawn from the classification, the owner shall pay an amount equal to the sum of the following:
(1) 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during the period of classification or the ten (10) year period immediately preceding the date on which the land is withdrawn from the classification, whichever is lesser.
(2) Interest on the property taxes at the rate of ten percent (10%) simple interest per year.
(3) For land that was originally classified after June, 30, 2006, a penalty amount of one hundred dollars ($100) per withdrawal plus fifty dollars ($50) per acre, unless an amount is established by rule by the natural resources commission. However, the natural resources commission may not increase the penalty amount more than once every five (5) years.
(b) The liability imposed by this section is a lien upon the land withdrawn from the classification. When the county collects the amount, the funds shall be distributed as follows:
(1) Seventy-five percent (75%) of the penalty under subsection (a)(3) shall be transferred by the county auditor to the treasurer of state who shall deposit the amount in the forest restoration fund (IC 14-12-1-11.1).
(2) Twenty-five percent (25%) of the penalty under subsection (a)(3) plus the taxes and interest collected under subsection (a)(1) and (a)(2) shall be deposited by the county auditor into the county general fund.
If the amount is not paid, it shall be treated in the same manner the delinquent taxes on real property are treated.
(c) The county auditor shall determine the tax owed under subsection (a).
[Pre-1975 Property Tax Recodification Citations: 6-8-2-18; 6-8-2-19 part.]
Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.28-1990, SEC.4; P.L.1-1993, SEC.28; P.L.186-2003, SEC.22; P.L.66-2006, SEC.22.
Structure Indiana Code
Chapter 6. Assessment of Certain Forest Lands
6-1.1-6-3.5. Restrictions on Use of Classified Land
6-1.1-6-4. Nontimber Producing Trees
6-1.1-6-5. Size Restrictions of Classified Land Parcel
6-1.1-6-5.5. Revised Application With State Forester
6-1.1-6-6. Classification Not Permitted if Building Is on Parcel
6-1.1-6-7. Classification Not Permitted if Grazing on Parcel
6-1.1-6-11. Applications for Classification; Signatures
6-1.1-6-12. Approval of Applications
6-1.1-6-13. Recording Approved Application
6-1.1-6-14. Rate of Assessment; Adjustment
6-1.1-6-15. Minerals on Land; Assessment
6-1.1-6-16. Timber and Wildlife Management Standards
6-1.1-6-18. Signs; Posting on Land
6-1.1-6-19. Inspection of Land; Records; Use of Geographic Information System
6-1.1-6-20. Withdrawal of Land From Classification; Revised Application for Remaining Eligible Land
6-1.1-6-21. Withdrawal From Classification by State; Assessment of Land
6-1.1-6-23. Withdrawal of Classification; Notice to County Official
6-1.1-6-24. Tax Payments and Penalties Upon Withdrawal; Lien on Land; Distribution of Revenue