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Senate approves constitutional amendment question, bills to raise CUVA acreage cap from 2,000 to 4,000
Summary
The Georgia Senate approved a proposed constitutional amendment and companion bills to raise the acreage cap for conservation-use preferential tax assessment (CUVA) from 2,000 to 4,000 acres and to clarify leased-land rules for family farm entities; votes were 51-1 and 50-1 on final measures.
ATLANTA — The Georgia Senate on Feb. 19 voted to send voters a constitutional amendment and passed two companion bills that would change the state's conservation-use property rules.
Senate Resolution 56, which proposes amending the Georgia Constitution to raise the maximum acreage eligible for preferential assessment and taxation as bona fide conservation-use property from 2,000 acres to 4,000 acres, was adopted by roll call (51-1). Senators also passed Senate Bill 45, the implementing statutory change, and Senate Bill 59, which removes a limitation on leased property for certain family farm entities; those measures passed by recorded votes (SB45: 51-1; SB59: 50-1).
The measures respond to a farmland study committee's recommendations and aim to update the state's Conservation Use Valuation Assessment (CUVA) program, which has not been substantially revised since 1991. Senator Watson (11th District), the bill sponsor, told colleagues the increase reflects larger modern farm operations and would allow an individual to place up to 4,000 acres in a sole name without losing CUVA benefits.
Watson said the package also clarifies treatment of family farm entities and allows family farm LLCs to lease land without triggering a breach of covenant that would end preferential assessment. "Today we're wanting to ask the voters to allow us to increase the amount of land that one individual can own from 2,000 acres to 4,000 acres," Watson said on the Senate floor.
Senators who served on the bipartisan farmland study committee were thanked for statewide hearings. Senate committee reports noted the Finance Committee recommended passage. The resolution requires voter approval to take effect; SB45 contains contingent, implementing statutory language that would go into force only if voters ratify the constitutional amendment.
Votes and next steps: SR56 passed the Senate by a two-thirds margin required for constitutional amendments (51-1) and will be placed on the ballot if the legislative process continues; SB45 and SB59 passed and will be transmitted to the House for consideration.
Context and details: Under current law an individual may place up to 2,000 acres in CUVA in their sole name and additional acreage through spouse or child ownership; the bills would permit up to 4,000 acres in a sole name. Testimony and sponsor remarks cited changing farm sizes and instances in which family farm LLCs lost benefits after leasing land.
The measures were part of a broader farmland-preservation effort led by a study committee that included senators from multiple districts and traveled statewide to solicit input from farmers and local officials. The Senate proceeded with the measures after committee reports and floor debate.
Ending: If voters approve the amendment, the statutory changes in SB45 and SB59 will take effect as written; if voters reject the amendment, the statutory changes tied to the amendment would not apply, per the bills' contingency language.
