Land seller resources

How does an agricultural exemption affect selling land?

An agricultural valuation lowers your tax bill, so the bill is a poor guide to what the land is worth. A change of use, not simply a sale, can also trigger a rollback tax. In Texas that tax covers the three preceding years. Settle who pays any rollback in writing before closing.

What is an ag exemption, really?

In most states an agricultural exemption is not a true exemption. It is a special-use valuation: the county assesses the land on its value for farming, ranching, timber or wildlife management rather than its full market value. The taxable value, and the tax bill, are lower. Names and rules vary: Texas calls it open-space (1-d-1) appraisal, and other states use current-use or greenbelt programs. The Texas Comptroller notes that the productivity value is usually lower than market value; see its agricultural and timber appraisal page.

Why does the tax bill understate what the land is worth?

If you price your land from the taxable value on your tax statement, you may badly undervalue it, because that figure reflects agricultural use, not market value. Market value depends on location, acreage, access and development pressure. The county records a market value as well, so look for that line in your appraisal-district record. A buyer who prices only from the taxable figure, in either direction, is not giving you the real picture. See how land is valued.

What is a rollback tax?

When land that has been valued for agriculture changes use, many states recover some of the tax that was saved. This is the rollback tax, sometimes called a recapture or change-of-use tax. Points that matter at sale:

Texas: what does the statute say about rollback?

Texas Tax Code §23.55, titled “Change of Use of Land,” imposes an additional tax for each of the three years preceding the year in which the change of use occurs. The additional tax equals the difference between the taxes imposed on the land in those years and the taxes that would have applied at market value. A tax lien attaches to the land on the date the change of use occurs. If the additional tax is not paid when due, it can become delinquent and incur penalties and interest like other property taxes. See the text of §23.55, and ask your appraisal district how it applies to your parcel.

Where does this come up most?

Ag valuations are common on rural and metro-fringe land, and they matter most where farmland sits next to growth. In our Texas markets, see the county pages for Collin County and Travis County, which link to local appraisal-district tools.

Outside Texas, verify rather than transplant the rule

Rollback rules, look-back periods, interest and who is liable differ sharply by state. Confirm your state’s rule with the assessor and a professional licensed there. A rollback period from one state should never be assumed in another.

What should you ask a buyer?

Settle these in writing, and confirm rollback rules with a professional. We are not a law firm, a CPA firm, or a brokerage, and nothing here is legal or tax advice.

Common mistakes when selling agriculturally valued land

What to gather before you call the appraisal district

Then ask the district plain questions. Does this change of use, as the buyer describes it, end the special valuation? Is any additional tax likely to be assessed, and for what period? Who is billed, and when? Ask for the answers in writing where you can, and keep them with your closing file.

How different situations play out

SituationWhat to ask
Buyer keeps farming or ranchingDoes the valuation carry over, and does the buyer need to file anything?
Buyer plans to build or subdivideIs a change of use likely, and who pays any additional tax?
Buyer is unsureCan the contract say who pays if a change of use happens later?
You lease the land to a farmerWhat do the lease terms say about ending it, and does the tenant need notice?

If a lease is in place, read it before you promise a buyer a clear start date. A CPA or attorney can tell you how any tax cost affects your net proceeds, and the title company can show how it appears on the closing statement.

What a buyer (including StraightAcre) will want to see

The parcel ID, the appraisal-district record showing both market and productivity values, and any ag-use paperwork or lease. StraightAcre factors ag valuation and any potential rollback into a transparent offer, disclosed in writing.

Sources and further reading

Related guides

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