11,693

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zoned for residential or higher than agricultural use would

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not be considered agricultural property be valid under

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this section.

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DELEGATE SHERBOW: I can only answer it this

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way. That if the Legislature defined "agricultural

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property" as property which is not zoned for residential

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or for industrial purposes, but could only include property

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which is zoned for agricultural use, then that might be

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considered as a legal classification. But I am not ready

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to go completely out on a limb and say that that by itself

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would be the test.

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In my own judgment I believe that the Court of

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Appeals might consider other factors in determining whether

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that is so, but if the General Assembly said that in order

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for it to be within this classification it must be zoned

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agricultural, then you got some litigation where the Court

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of Appeals might sustain that, but I don't know what you

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do in some jurisdictions which have various classifications

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where farm land has partly residential, partly agricultural

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and partly industrial, but it is all being used as one farm

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THE PRESIDENT: Any other questions?