Agenda - 06-05-2018 8-d - Refund Request – Sports Endeavors, Inc.

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5/18/2018 https: / /www.ncleg.neUgascripts/ statutes /statutelookup.pl ?statute= 105 -275 d. Real or personal property that is used or, if under construction, is to be2tged by a major recycling facility as defined in G.S, 105- 129.25 predominantly for recycling or resource recovering of or from solid waste, if the Department of Environmental Quality ftimishes a certificate to the tax supervisor of the county in which the property is situated stating the Department of Environmental Quality has found that the described property has been or will be constructed or installed for use by a major recycling facility, complies or will comply with the rules of the Department of Environmental Quality, and has, or will have as a purpose recycling or resource recovering of or from solid waste. (9) through (11) Repealed by Session Laws 1987, c. 813, s. 5. (12) Real property that (i) is owned by a nonprofit corporation or association organized to receive and administer lands for conservation purposes, (ii) is exclusively held and used for one or more of the purposes listed in this subdivision, and (iii) produces no income or produces income that is incidental to and not inconsistent with the purpose or purposes for which the land is held and used. The taxes that would otherwise be due on land classified under this subdivision shall be a lien on the real property of the taxpayer as provided in G.S. 105- 355(a). The taxes shall be carried forward in the records of the taxing unit or units as deferred taxes. The deferred taxes for the preceding five fiscal years are due and payable in accordance with G.S. 105- 277.1F when the property loses its eligibility for deferral as a result of a disqualifying event. A disqualifying event occurs when the property (i) is no longer exclusively held and used for one or more of the purposes listed in this subdivision, (ii) produces income that is not incidental to and consistent with the purpose or purposes for which the land is held and used, or (iii) is sold or transferred without an easement recorded at the time of sale that requires perpetual use of the land for one or more of the purposes listed in this subdivision and that prohibits any use of the land that would generate income that is not incidental to and consistent with the purpose or purposes for which the land is held and used. In addition to the provisions in G.S. 105 - 277.117, all liens arising under this subdivision are extinguished upon the real property being sold or transferred to a local, state, or federal government unit for conservation purposes or subject to an easement recorded at the time of sale that requires perpetual use of the land for one or more of the purposes listed in this subdivision. The purposes allowed under this subdivision are any of the following: a. Used for an educational or scientific purpose as a nature reserve or park in which wild nature, flora and fauna, and biotic communities are preserved for observation and study. For purposes of this sub - subdivision, the terms "educational purpose" and "scientific purpose" are defined in G.S. 105- 278.7(f). b. Managed under a written wildlife habitat conservation agreement with the North Carolina Wildlife Resources Commission. C. Managed under a forest stewardship plan developed by the Forest Stewardship Program. d. Used for public access to public waters or trails. e. Used for protection of water quality and subject to a conservation agreement under the provision of the Conservation and Historic Preservation Agreements Act, Article 4, Chapter 121 of the General Statutes. f. Held by a nonprofit land conservation organization for sale or transfer to a local, state, or federal government unit for conservation purposes. (13) Repealed by Session Laws 1973, c. 904. (14) Motor vehicles chassis belonging to nonresidents, which chassis temporarily enters the State for the purpose of having a body mounted thereon. (15) Upon the date on which each county's next general reappraisal of real property under the provisions of G.S. 105- 286(a) becomes effective, standing timber, pulpwood, seedlings, saplings, and other forest growth, (The purpose of this classification is to encourage proper forest management practices and to develop and maintain the forest resources of the State.) (16) Non - business Property. - As used in this subdivision, the term "non- business property" means personal property that is used by the owner of the property for a purpose other than the https: / /www.ncleg.neUgascripts/ statutes /statutelookup,pl ?statute= 105 -275 3/7