42-12157. Recapture and penalty for false
information or failure to notify of change in use
If an owner of property or the owner's agent intentionally provides false
information on an application form, or fails to provide the notice required under section
42-12156:
1. The property shall be reclassified immediately as being used for a
nonagricultural use and shall be valued at its nonagricultural full cash value.
2. The owner is liable for the additional taxes on the difference between the
nonagricultural full cash value and the full cash value of the property for all of the
tax years in which the property was classified based on the false information.
3. The owner shall also pay a penalty equal to twenty-five per cent of the
additional taxes computed under paragraph 2 of this section. The assessor may abate this
penalty for good cause. Twenty per cent of the penalty shall be deposited in the state
general fund, and eighty per cent of the penalty shall be deposited with the county
treasurer to be used by the county assessor's office.
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