42-13154. Covenant not to convert golf course
to another use; violation; penalty
A. As a condition for valuation under this article, the owner of a golf course
shall record a deed restriction with the county recorder and file a copy of the
restriction with the county assessor, restricting the property to use as a golf course
for at least ten years. The deed restriction must be refiled as necessary to ensure that
the deed restriction always applies for at least ten years.
B. The valuation of a golf course under this section constitutes a covenant between
the county assessor and the owner of the golf course that the use of the property will
remain unchanged for the duration of the deed restriction.
C. The assessor shall maintain a record of the value of the property determined
under this article and the value of the property if it had not been determined under this
article. The assessor shall maintain the record for at least ten years for use in
computing the penalty under subsection D if the property is converted to a different use
in violation of the covenant.
D. If the property is converted to a different use in violation of the covenant,
the assessor shall add to the tax levied against the property on the next tax roll a
penalty equal to the difference between the total amount of property taxes that would
have been levied on the property for the preceding ten years or the period of time the
property was valued under this section, whichever period is shorter, if the property had
not been valued under this section and the property taxes that were actually paid for the
same period. The penalty due under this subsection shall be paid before completion of
the next property tax roll and is enforceable and subject to the same penalties and
interest as if the penalty were a tax levied against the property.
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