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Prior to 1968, New Hampshire's population was growing at a very rapid pace, and the state's rural
land was giving way to poorly planned subdivisions, strip malls and roads. As a result, land values
were rising to a level that was making it difficult for farmers and large wood-lot owners to keep
their land due to the increase in property taxes. As a result, the citizen's of New Hampshire
campaigned to amend the constitution allowing land to be taxed based upon its "current use value"
and not its "highest and best use value" as the constitution then required.
As a result, the current use taxation law was approved by the voter's of New Hampshire in 1968 and
enacted into law in 1973. This law was designed to protect undeveloped land from future
development. To qualify for current use, a property owner must have a minimum of 10 acres of land,
not including the building site and it's "curtilage" or maintained area around the building, including
the well, septic system, driveway and all outbuildings. The only exception to this minimum acreage
requirement is for unproductive wetlands, which can be any acreage amount, or farmland that
annually produces a minimum of $2,500 worth of harvestable crops.
The benefit of the program is that the property owner
receives a substantial property tax reduction of the land under the current use program.
Much like a conservation easement, land that has been approved for current use remains under the
program in perpetuity. The only time land can be removed from current use is if there is a change
with the use of the land (i.e. residential development). Should the property owner decide to develop
his land, only that portion of land that is being developed is removed from current use, as it no longer
qualifies for the program. The owner is then subject to a "land use change tax" on that land, or 10%
of its market value at the time it no longer qualifies for the program.
Avitar has a full staff of certified assessors qualified to discuss and educate you regarding all aspects of the current use program.
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