RELATING TO THE LITTLE COMPTON AGRICULTURAL CONSERVANCY TRUST
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Introduced
By: Representatives Quick, and Kilmartin |
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Date
Introduced: May 28, 2002 |
It is enacted
by the General Assembly as follows:
SECTION
1. Sections 7 and 8 of chapter 16 of the public laws
of 1985 entitled "An Act Establishing the Little Compton Agricultural
Conservancy Trust" as amended by chapter 510 of the public laws of 1987 and
chapters 12 and 126 of the public laws of 1999, is hereby further amended to
read as follows:
SECTION
7. The electors of the town of Little
Compton are hereby authorized to levy an additional tax upon real property
transfers within said town in accordance with section 8 of this act. Said tax
shall be levied at the annual financial town meeting and shall become effective
on the first day of the next town fiscal year. The tax, once adopted, shall
remain in effect unless the electors, when legally assembled, repeal said tax.
The electors, when legally assembled, may also amend the rate or rates of said
tax and/or the amount exempted from such tax.
SECTION
8. Whenever a tax is assessed by section 44-25-1 of
the general laws on the transfer of a real property situated in Little Compton,
there is hereby imposed, in addition to said tax, an additional tax not to
exceed the amount of five percent (5%) of that amount of the purchase price
which exceeds seventy-five thousand ($75,000) dollars unless such rate or rates
and/or exemption amount are amended as provided for in section 7 of this
act. Said exemption shall not be
less than seventy-five thousand dollars ($75,000).
As
used herein, the total purchase price shall mean the aggregate consideration
received by a seller or sellers collectively for the transfer of each recorded
lot of real property, whether in a single conveyance or in separate
contemporaneous conveyances, which transfer or transfers result in the
conveyance of either (i) the entire fee interest, or (ii) a lesser fee interest
in the real property including, without limitation, conservation easements and
development rights; and only one $75,000 (or other greater amount if adopted by
the electors) exemption shall be applied to such transaction or transactions
conveying the entire fee interest regardless of the number of deeds or other
instruments used to effectuate the transfer or the number of buyers or sellers
participating therein. If something less than the entire fee interest is
conveyed, then the exemption shall be reduced proportionately.
In
the case of real property which is situated in both Little Compton and
Tiverton, Rhode Island or Westport, Massachusetts, the additional tax shall be
imposed on that portion of the purchase price, in relation to what the current
assessed values, as determined by the Little Compton tax assessors and their
counterpart in the abutting town, bear to the total sales price.
The
payment of the additional tax hereby imposed shall be evidenced by the affixing
of documentary stamps, provided by the Little Compton town clerk's office, to
every original instrument presented for recording in the same manner as set forth
in section 44-25-3 of said general laws. Said tax shall be the obligation of
the buyer of real property unless otherwise agreed to by the parties of the
transfer.
SECTION
2. This section of the act shall take effect upon passage of the act. The remainder
of this act shall take effect upon its approval by a majority of those voting
to approve the act at an annual or special financial town meeting of the town
of Little Compton.