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Board questions whether backyard beehives qualify parcel for agricultural assessment
Summary
At an administrative hearing, county staff recommended no change to market value for Samuel Mohler’s parcel for assessment years 2023 and 2025, while board members questioned whether a small cluster of beehives and garden plots meet the statute’s 'devoted use' test for agricultural assessment.
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The Elkhart County Property Tax Assessment Board of Appeals heard an appeal from petitioner Samuel Mohler concerning assessment years 2023 and 2025. County representative Brandon German led the board through property record cards, photos, and comparable sales, reporting that the market analyses yielded values of about $137,000 for 2023 and $144,000 for 2025 after adjustments and recommending no change to assessed market value.
Board members pressed on whether parts of the parcel could be classified as agricultural based on a USDA form and on‑site features. One board member said, "I observe the presence of beehives. I do not observe the presence of flora, shall I say, uh that the bees would would have to harvest from," and noted that, if bees must forage offsite, the parcel’s primary use may still be homestead rather than agricultural.
County staff and board members discussed Indiana law and administrative guidance for agricultural assessment. Staff cited the Indiana Code guidance and IBTR precedents on "devoted use," saying USDA declaration forms alone are often insufficient: the board must be shown probative, devoted use for a portion of land before granting agricultural classification. The county asked whether the board would want a defined footprint for any area to be treated as devoted use or to treat the use as incidental on otherwise residential property.
The board did not announce an immediate change to the assessment during the hearing and recorded the county’s recommendation for no change. Next steps for the petitioner were not specified on the record.
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