HARRY HUGHES, Governor

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(I)  THE LAND IS LEASED AND THE NATURE OF THE
FARM OR AGRICULTURAL USE OF THE LAND WHEN RELATED TO THE AMOUNT
OF THE LAND IN FARM OR AGRICULTURAL USE REASONABLY WOULD BE
EXPECTED TO YIELD AN AVERAGE GROSS INCOME OF AT LEAST $2,500;

(II)  THE NATURE OF THE FARM OR AGRICULTURAL USE
OF THE LAND AND THE AMOUNT OF THE LAND IN FARM OR AGRICULTURAL
USE REASONABLY WOULD BE EXPECTED TO YIELD AN AVERAGE GROSS INCOME
OF AT LEAST $2,500 FROM THE AGRICULTURAL PRODUCTS, IF SOLD, THAT
ARE DERIVED FROM THE USE OF THE LAND;

(III)  A DROUGHT OR OTHER NATURAL CAUSE HAS
ADVERSELY AFFECTED THE INCOME-PRODUCING CAPABILITY OF THE LAND
DURING A 3-YEAR PERIOD; OR

(IV)  FOR A NEWLY ESTABLISHED FARM OR
AGRICULTURAL USE, THE NATURE OF THE USE AND THE AMOUNT OF THE
LAND IN FARM OR AGRICULTURAL USE REASONABLY WOULD BE EXPECTED TO
YIELD AN AVERAGE GROSS INCOME OF AT LEAST $2,500 IF THE USE HAD
EXISTED FOR A 3-YEAR PERIOD.

(6)  THE DIRECTOR MAY GRANT ONLY THE FOLLOWING
ADDITIONAL WAIVERS:

(I)  UNDER PARAGRAPH (5)(III) OF THIS
SUBSECTION, FOR 1 ADDITIONAL CONSECUTIVE 3-YEAR PERIOD; AND

(II)  UNDER PARAGRAPH (5)(IV) OF THIS
SUBSECTION, FOR 1 ADDITIONAL CONSECUTIVE 3-YEAR PERIOD.

(7)  THE GROSS INCOME REQUIREMENT OF. PARAGRAPH (2) OF
THIS SUBSECTION DOES NOT APPLY:

(I)  IF THE OWNER IS AT LEAST 70 YEARS OF AGE
AND APPLIES FOR THE EXEMPTION ON LAND THAT WAS ASSESSED ON JULY
1, 1984, ON THE BASIS OF FARM OR AGRICULTURAL USE UNDER THE LAW
OR REGULATIONS OF THE DEPARTMENT THAT WERE IN EFFECT ON OR BEFORE
THAT DATE;

(II)  IF THE OWNER BECOMES DISABLED AND IS
UNABLE TO CONTINUE THE FARM OR AGRICULTURAL USE OF THE LAND AND
APPLIES FOR THE EXEMPTION ON LAND THAT IS ASSESSED ON THE BASIS
OF FARM OR AGRICULTURAL USE; OR

(III)  IF THE LAND IS ACTIVELY USED AS A FAMILY
FARM UNIT.

(8)  THE DIRECTOR MAY NOT GRANT EXEMPTIONS UNDER
PARAGRAPH (7)(I) OR(II) OF THIS SUBSECTION FOR MORE THAN 2
CONSECUTIVE 3-YEAR PERIODS.

(H) EXCLUSIONS.

(1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE
FOLLOWING LAND DOES NOT QUALIFY TO BE ASSESSED UNDER THIS
SECTION: