Law director won't claim ag exemption anymore
Source: Athens Messenger, by CASEY S. ELLIOTT
October 06, 2007
An Athens official who obtained an agriculture tax exemption in the past for land surrounding his home is not continuing to seek the exemption, but said he feels his property qualifies for it.
Law Director Garry Hunter said Friday that he believes the tracts of land surrounding his home on Mulligan Road, with parcels both in the city and the township, qualify for the Current Agricultural Use Valuation for the production or growth of timber. However, Hunter said that because of his position as a public official, he decided not to pursue the exemption after the Athens County Auditor's Office questioned it during a routine review of annual applications.
In March of 2006, Hunter paid more than $1,500 in previously exempted taxes - the most the auditor's office said it could seek. He actually received a tax break totaling $4,465 over the course of eight years, according to the auditor's office.
"I believe I am right that it qualifies (for the exemption)," he said of the property. "My wife and I chose not to pursue it because I am a public official and we figured it would turn into a brouhaha.
"It was a voluntary decision to go off the program," Hunter added.
The land, including that where his home is located, totals approximately 24 acres, Hunter said. Hunter sought and was granted a CAUV tax exemption for most of the land from tax years 1997 to 2005, Chief Deputy Auditor Dave Owen said Friday.
Hunter said the auditor's office questioned him about the usage of the land as part of a routine check. A 2005 letter from auditor's office employee Janet Harner to Hunter asked him to provide more information about the property.
"Please provide evidence to our office of your commercial farming activity (i.e. canceled checks, receipts, schedule F from 1040 tax return, pictures, etc.) no later than Sept. 16, 2005. If you are unable to provide our office with proof that you are commercially farming the land by the deadline, you will be removed from the program," the letter states.
Hunter responded to the request with several pictures of woods and a letter, dated Aug. 29, 2005, stating, "Please be advised that this land is used for the noncommercial production or growth of timber which is an allowable use."
Owen said Friday that timber is an allowable use, however, the applicant must also provide a forest management plan from a certified forester to claim the tax exemption. Owen said this was not done in Hunter's case, and thus the county recouped three years of tax exemption from Hunter and discontinued the exemption for his property. He said that amounted to $1,524.
Owen explained that by state law, the auditor's office can seek repayment from the exemption for only three years.
Hunter's wife, Rebecca, noted they have paid their property taxes for 2006, and that total amounted to $19,843. She said that property tax amount includes all of the properties the Hunters own in Athens County, including rental properties and Hunter's law office.
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