Title 48, Chapter 5, Section 7.3
(a)(1) For the purposes of this Code section, "landmark historic
property" means tangible real property which:
(A) Has been listed on the National Register of Historic Places
or on the Georgia Register of Historic Places as provided in
Part 1 of Article 3 of Chapter 3 of Title 12 and has been so
certified by the Department of Natural Resources; and
(B) Has been certified by a local government as landmark
historic property having exceptional architectural, historic, or
cultural significance pursuant to a comprehensive local historic
preservation or landmark ordinance which is of general
application within such locality and has been approved as such
by the state historic preservation officer.
(2) The preferential classification and assessment of landmark
historic property provided for in this Code section shall apply to
the building or structure which is listed on the National Register
of Historic Places or on the Georgia Register of Historic Places,
the real property on which the building or structure is located,
and not more than two acres of real property surrounding the
building or structure. The remaining property shall be assessed
for tax purposes as otherwise provided by law.
(3) Property may qualify as landmark historic property and be
eligible to receive the preferential assessment provided for in
this Code section only if the local governing authority has
adopted an ordinance authorizing such preferential assessments for
landmark historic property under this Code section.
Notwithstanding any other provision of this paragraph, said
ordinances may extend the preferential assessment authorized by
this Code section to tangible income-producing real property,
tangible nonincome-producing real property, or combination
thereof, so as to encourage the preservation of historic
properties and assist in the revitalization of historic areas.
(b) In order for property to qualify under this Code section for preferential assessment as provided for in subsection (c.1) of Code Section 48-5-7, the property must receive the certifications required for landmark historic property as defined in paragraph (1) of subsection (a) of this Code section.
(c) Upon receipt of said certifications, a property owner desiring classification of any such historic property as landmark historic property in order to receive the preferential assessment shall make application to the county board of tax assessors and include said certifications with such application. The county board of tax assessors shall determine if the provisions of this Code section have been complied with and upon such determination, the county board of tax assessors shall be required to grant preferential assessment to such property. The county board of tax assessors shall make the determination within 30 days after receiving the application and shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306. Appeals from the denial of an application for preferential assessment by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (d)(1) Property which has been classified by the county board of tax assessors as landmark historic property shall be immediately eligible for the preferential assessment provided for in subsection (c.1) of Code Section 48-5-7; provided, however, that, for the purposes of determining the years of eligibility for preferential assessment, the tax year following the year in which the certification was filed with the county board of tax assessors pursuant to subsection (c) of this Code section shall be considered and counted as the first year of eligibility.
(2) Property which is subject to preferential assessment shall be
separately classified from all other property on the tax digest;
and such separate classification shall be such as will enable any
person examining the tax digest to ascertain readily that the
property is subject to preferential assessment.
(3) The county tax receiver or tax commissioner shall enter upon the tax digest as the basis or value of a parcel of landmark historic property a value equal to the greater of the acquisition cost of the property or the assessment of the fair market value of the property as recorded in the county tax digest at the time certification on such property was received by the county board of tax assessors pursuant to subsection (c) of this Code section. Property classified as landmark historic property shall be recorded upon the tax digest as provided in this Code section for nine consecutive assessment years, and the notation "landmark historic property" shall be entered on the tax digest adjacent to the valuation of such property to indicate that the property is being preferentially assessed. The tax commissioner or tax receiver shall also enter upon the tax digest an assessment of the fair market value of the property each year, excluding the provisions of subparagraph (D) of paragraph (3) of Code Section 48-5-2.
(e)(1) When property has once been classified and assessed as
landmark historic property, it shall remain so classified and be
granted the special assessment until the property becomes
disqualified by any one of the following:
(A) Written notice by the taxpayer to the county tax
commissioner or receiver to remove the preferential
classification and assessment;
(B) Sale or transfer of ownership making the property exempt
from property taxation;
(C) Decertification of such property by the Department of
Natural Resources. The Department of Natural Resources has the
authority to decertify any property which no longer possesses
the qualities and features which made it eligible for the
Georgia Register of Historic Places or which has been altered
through inappropriate rehabilitation as determined by the
Department of Natural Resources. The sale or transfer to a new
owner shall not operate to disqualify the property from
preferential classification and assessment so long as the
property continues to qualify as landmark historic property,
except as specified in subparagraph (B) of this paragraph. When
for any reason the property or any portion thereof ceases to
qualify as landmark historic property, the owner at the time of
change shall notify the Department of Natural Resources and the
county board of tax assessors prior to the next January;
(D) Decertification of such property by the local governing
authority for failure to maintain such property in a standard
condition as specified in the local historic preservation or
landmark ordinance or in local building codes; or
(E) The expiration of nine years during which the property was
classified and assessed as landmark historic property; provided,
however, that any such property may qualify thereafter as
landmark historic property if such property is subject to
subsequent rehabilitation and qualifies under other portions of
the historic properties tax incentive program contained within
the provisions of this Code section.
(2) Except as otherwise provided in this Code section, if a
property becomes disqualified pursuant to any provision of this
subsection, the decertification shall be transmitted to the county
board of tax assessors and said assessors shall appropriately
notate the property as decertified. Such property shall not be
eligible to receive the preferential assessment provided for in
this Code section during the taxable year in which such
(f) Any person who is aggrieved or adversely affected by any order
or action of the Department of Natural Resources pursuant to this
subsection shall, upon petition within 30 days after the issuance of
such order or taking of such action, have a right to a hearing
before an administrative law judge appointed by the Board of Natural
Resources. The hearing before the administrative law judge shall be
conducted in accordance with Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act." The decision of the administrative
law judge shall constitute the final decision of the board and any
party to the hearing, including the Department of Natural Resources,
shall have the right of judicial review thereof in accordance with
Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
(g) No property shall be eligible to receive simultaneously more than one of the preferential assessments provided for in this Code section and Code Section 48-5-7.2.
(h) Any landmark historic property which lies within a locally
designated landmark or historic preservation district which is
predominantly a residential district as determined by the local
governing authority shall not be eligible for the preferential
assessment provided for in this subsection if such landmark historic
property constitutes a nonconforming use pursuant to applicable
local zoning ordinances or if such landmark historic property does
not contribute to the architectural, historic, or cultural values
for which said district is significant.
(i)(1) The difference between the preferential assessment granted
by this Code section and the taxes which would otherwise be
assessed and interest thereon shall constitute a prior lien and
shall attach as of the date and in the same manner and shall be
collected as are other liens for taxes, as provided for under this
title, but shall only be due, payable, and delinquent as provided
in this Code section.
(2) Such liens for taxes, except for any lien covering the then
current tax year, shall not be divested by an award for year's
support authorized pursuant to Chapter 5 of Title 53 of the
"Pre-1998 Probate Code," if applicable, or Chapter 3 of Title 53
of the "Revised Probate Code of 1998."