MUNICIPAL OPTION TO PURCHASE. I understand that the city or town has an option to purchase any classified land
whenever I plan to sell it for, or convert it to, a residential, commercial or industrial use
during a fiscal year it is classified, or
within 1 full fiscal year after it is removed from classification. I must notify by certified mail or hand delivery, the mayor
and city council or the selectmen, assessors, planning board and conservation commission of the city or town of my
intention to sell or convert the land to those uses and provide certain information regarding the intended sale or
conversion. If I plan to sell the land, the city or town has the right to match a bona fide offer to purchase it. If I plan to
convert it, the city or town has the right to purchase it at its fair market value, which is to be determined by an impartial
appraisal. The city or town may also assign its option to a non-profit, conservation organization, the Commonwealth or
any of its political subdivisions. I understand that I may not sell or convert the land until at least 120 days after I provide
a notice that fully complies with the requirements of Chapter 61B or until I have been notified in writing that the option
will not be exercised and the notice is recorded at the Registry of Deeds, whichever is earlier.
This option is not available to the city or town and the notice requirement does not apply if the recreational use is simply
discontinued, or I plan to build a residence for my use, or the use of my spouse or my parents, grandparents, child,
grandchild, brother or sister, the surviving spouse of any of those relatives, or an employee working full time in the
recreational use of the land.
PENALTY TAX. I understand that I must pay one of two alternative penalty taxes whenever any of the land is no longer
used for, or maintained in, a use or condition that would qualify the land for classification as recreational land under
Chapter 61B, forest land under Chapter 61 or agricultural or horticultural land under Chapter 61A. Payment of a penalty
tax applies in that case whether or not the land is subject to the purchase option and notice requirement. I must pay a
roll-back tax for a 5 year period if the use of the land changes to a non-qualifying use or condition. If the change in use or
condition occurs when the land is classified, the tax will be imposed for the current fiscal year and the 4 prior years. If
the land is not classified at that time, the tax will be imposed for the 5 prior years. In either case, the tax will be the
difference between the amount I would have paid in annual property taxes on the land if it had been taxed at its fair
market value and the amount of the taxes I paid on the land under Chapter 61B during the same time. The roll-back tax
also includes interest at the rate of 5% per year on each year’s tax savings.
However, I must pay the alternative conveyance tax instead if the land is sold for or converted to a non-qualifying use
within 10 years of the beginning of the fiscal year it was first classified, and the conveyance tax is greater than the roll-
back tax that would be due. The conveyance tax will be equal to the conveyance tax rate applied to the sales price of the
land, or if converted, to the fair market value of the land as determined by the assessors. The conveyance tax will be
equal to the conveyance tax rate applied to the sales price of the land, or if converted, to the fair market value of the land
as determined by the assessors. The conveyance tax rate will be 10% if the land is sold or converted within the first 5
years of classification and 5% if sold or converted within the 6th through 10th year of classification. After this 10 year
period has expired, I will not be liable for any conveyance taxes, but will remain liable for roll-back taxes if there is a
change to a non-qualifying use or condition of the land.
APPEALS AND ABATEMENTS. I understand that I may contest decisions made by the board of assessors to disapprove
all or part of my application for classification by applying for a modification of the decision. I may also contest my
annual property tax or any penalty tax assessed under Chapter 61B by applying for an abatement. Applications to
modify a decision or abate a tax must be made in writing and must be filed with the assessors within 30
days of the date I
am
notified of the decision or tax. If I disagree with the assessors’ decision, or the assessors do not act on my application,
I may appeal to the Appellate Tax Board within 30 days of the date I am notified of the assessors’ decision, or 3 months
from the date my abatement application was filed, whichever is later. If the appeal concerns my annual property tax, I
must have paid it to maintain the appeal. I further understand that the assessors cannot modify any decision or grant any
abatement if I do not comply with all application deadlines and procedures.
I certify that I have examined this general statement of the requirements and obligations of Chapter 61B and acknowledge
that it is my responsibility as an applicant for classification to fully understand and satisfy all requirements of Chapter
61B. I also certify that I will notify the board of assessors immediately in writing of any circumstances developing after
this date that may cause a change in the use of the property from that described in my application for classification.
Owner(s) Date
