Can I sell my house and yard that is located on Conservation Use covenant land, or rent it out,
without breaking my covenant agreement, even when the remaining land stays in the qualifying
use?
No. Leasing is permitted if the lessee meets the qualification under O.C.G.A. § 48-5-7.4 (a)(1)(C) and
the use remains the same as the original covenant. Owner must notify the Muscogee County Board of
Board of Assessors if there are any changes to the original covenant to determine if a breach has
occurred.
If I acquire additional acreage that joins my property under a covenant, can I include it with
my covenant?
If a qualified owner has entered into an original bona fide conservation use covenant and subsequently
acquires additional qualified property contiguous to the property in the original covenant, the qualified
owner may elect to enter the subsequently acquired qualified property into the original covenant for
the remainder of the ten-year period of the original covenant; provided, however, that such
subsequently acquired qualified property shall be less than 50 acres.
"Contiguous" means real property within a county that abuts, joins, or touches and has the same
undivided common ownership. If an applicant's tract is divided by a county boundary, public roadway,
public easement, public right of way, natural boundary, land lot line, or railroad track, then the
applicant has, at the time of the initial application, a one-time election to declare the tract as contiguous
irrespective of a county boundary, public roadway, public easement, public right of way, natural
boundary, land lot line, or railroad track.
If this occurs, you would be subject to the changes in the law that require any residence and two acres
(if applicable) to be delineated out at the time you opt to combine properties.
What if I want to change between Agricultural Preferential Assessment and Conservation Use
Valuation?
There is no apparent time limit set by Georgia law on when you can change from an existing
Agricultural Preferential Assessment covenant to a Conservation Use covenant. However, you can
change from Preferential Assessment to Conservation Use, for a particular covenant, only once.
You cannot change from an existing Conservation Use covenant to a new Agricultural Preferential
Assessment covenant except at the end of the Conservation Use agreement.
How much is my land worth under the Conservation Use covenant? Who decides what it is
worth? How is a particular piece of land given a value?
Conservation Use land value is based on its use, location and soil productivity. Annually the Georgia
Department of Revenue publishes a table of values for all Conservation Use land in Georgia. The
table of values is available at the Muscogee County Board of Assessors Office, University of Georgia
Cooperative Extension Service County Office, the Georgia Forestry Association, Georgia Farm
Bureau Federation and the Georgia Forestry Commission.
Once your application has been approved, the acreage of your parcel is broken down by soil
classification. Then the soil types are costed against the above table and totaled for a new Conservation
Use value.