Massachusetts General Laws
Chapter 61a - Assessment and Taxation of Agricultural and Horticultural Land
Section 9 - Allowance or Disallowance of Application for Valuation; Notice; Liens

Section 9. An application for valuation, assessment and taxation of land under the provisions of this chapter shall be allowed or disallowed by the board of assessors of the city or town in which such land is located within three months of the filing thereof. An application for valuation, assessment and taxation of land under the provisions of this chapter shall be disallowed by the board of assessors of the city or town in which such land is located if, in their judgment such land, in whole or in part, does not qualify thereunder. If any board of assessors shall determine that any application pursuant to this chapter is submitted for the purpose of evading payment of full and proper taxes, such board shall be and hereby is authorized to disallow such application. The failure of a board of assessors to allow or disallow any such application within three months following the filing thereof, shall be deemed an allowance of such application. The board of assessors shall, within ten days of an allowance, or disallowance, send written notice of such allowance, or disallowance, by certified mail to the landowner applicant and shall set forth therein the reason or reasons for disallowance together with a statement advising the landowner of his right to appeal therefrom as provided in section nineteen. In the case of a partial disallowance, the landowner shall be permitted to file an amendment to the original application.
With respect to the first application relating to a parcel of land which has been approved, and any subsequent such applications after a lapse of time when such land has not been valued, assessed and taxed under this chapter or after a change of record ownership of such land, the board of assessors shall forthwith cause to be recorded in the registry of deeds of the county or district in which the city or town is situated a statement of their action which shall constitute a lien upon the land covered by such application for such taxes as may be levied under the provisions of this chapter. The statement shall name the owner or owners of record and shall include a description of the land adequate for identification. Unless such a statement is recorded the lien shall not be effective with respect to a bona fide purchaser or other transferee without actual knowledge of such lien. Upon application by any record owner, such liens shall be released by the board of assessors with respect to any parcel of land as provided below in this section upon the applicable facts being established by their records or by affidavits or otherwise.
All liens for special assessments or betterment assessments under section eighteen shall be released in full or in part upon its being so established that any such assessment or portion of such assessment which have become due have been paid.
All liens for conveyance tax under section twelve, shall be released upon its being so established that no conveyance or change of use by the owner at the time of such release will result in a conveyance tax under said section twelve or that any such taxes which have become due have been paid.
All liens for roll-back taxes under section thirteen, other than roll-back taxes based on change of use after the date of such release, shall be released upon its being so established that no roll-back taxes have become due or that any such taxes which have become due have been paid.
The board of assessors shall also have the power and authority to release any such liens to correct any errors or omissions. Any release under this section shall be recorded with the registry of deeds.
When any land which has been valued, assessed and taxed under this chapter ceases to be so valued, assessed and taxed the board of assessors shall forthwith record in the registry of deeds a statement to that effect which shall include the name of the record owner or owners, the date when such land ceased to be so valued, assessed and taxed and a description of the land adequate for identification.
All recording fees paid pursuant to the provisions of this chapter whether for statements of liens, certificates, releases or otherwise shall be borne by the owner of record of the land.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title IX - Taxation

Chapter 61a - Assessment and Taxation of Agricultural and Horticultural Land

Section 1 - Land in Agricultural Use Defined

Section 2 - Land in Horticultural Use Defined

Section 2a - Land Used to Site Renewable Energy Generating Source

Section 3 - Land of Five-Acre Minimum Area Actively Devoted to Agricultural or Horticultural Uses Defined; Gross Sales and Program Payment Standard

Section 4 - Valuation of Land in Agricultural, Etc. Use; Contiguous Land; Tax Rate

Section 4a - Tax Rate for Land Actively Devoted to Agricultural or Horticultural Use

Section 5 - Contiguous Land Under One Ownership Within More Than One City or Town

Section 6 - Annual Determination of Eligibility for Valuation; Application; Form; Certification

Section 7 - Additional Assessment; Change in Use in Pre-Tax Year Between October 1 and June 30

Section 8 - Timely Filing of Application in Towns or Cities With Programs of Revaluation Not Completed by October 1 of Pre-Tax Year

Section 9 - Allowance or Disallowance of Application for Valuation; Notice; Liens

Section 10 - Factors to Be Considered in Valuing Land

Section 11 - Farmland Valuation Advisory Commission; Expenditures

Section 12 - Sale of Land or Change of Use; Liability for Conveyance Tax; Exemptions

Section 13 - Change of Use; Liability for Roll-Back Taxes

Section 14 - Sale for or Conversion to Residential or Commercial Use; Notice of Intent to City or Town; Option to Purchase; Assignment of Option

Section 15 - Taxation of Buildings and Land Occupied by Dwelling

Section 16 - Continuance of Land Valuation, Assessment and Taxation Under This Chapter Dependent Upon Qualifying Use

Section 17 - Separation of Land to Other Use; Liability for Conveyance or Roll-Back Taxes; Continuing Qualification of Remainder

Section 18 - Special or Betterment Assessments; Payment; Interest

Section 19 - Roll-Back Taxes; Procedures for Assessment; Appeal to Appellate Tax Board

Section 19a - Sale of Land; Certification of Taxes Paid or Payable

Section 20 - Valuation and Assessment for Purposes Other Than Provisions of This Chapter; Equalization

Section 21 - Factual Details on Tax List

Section 22 - Rules and Regulations; Forms and Procedures

Section 23 - Use of Valuation, Etc. Procedures to Evade Taxes; Penalties

Section 24 - Severability