Sec. 19. (a) If land that is classified as a windbreak is withdrawn from the classification, the owner shall pay an amount equal to the lesser of:

(1) the sum of:

Terms Used In Indiana Code 6-1.1-6.2-19

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • windbreak: refers to a field windbreak. See Indiana Code 6-1.1-6.2-1
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(A) the total property taxes that, if it were not for the classification, would have been assessed on the land during the period of classification or the ten (10) year period immediately preceding the date on which the land is withdrawn from the classification, whichever is lesser; plus

(B) interest on the property taxes at the rate of ten percent (10%) per year; or

(2) the remainder of:

(A) the withdrawal assessment of the land; minus

(B) the sum of the initial classification assessment of the land and any increase in the initial classification of the land resulting from the subsequent construction of a ditch or levee.

     (b) The liability imposed by this section is a lien upon the land withdrawn from the classification. When the amount is collected, it shall be paid into the county general fund. If the amount is not paid, it shall be treated in the same manner that delinquent taxes on real property are treated.

     (c) For purposes of this section, “initial classification assessment” means the assessment required under section 5 of this chapter, and “withdrawal assessment” means the assessment required under section 15 or 16 of this chapter.

As added by P.L.58-1985, SEC.1.

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