Tennessee § 11-14-406 - Compensation fund.

§ 11-14-406. Compensation fund.

There is hereby created a special agency account in the state general fund to be known as the compensation fund. Expenditures from such fund shall only be made to implement and effectuate the purposes of this part. Funds deposited in such fund shall not revert at the end of any fiscal year and all interest accruing on investments and deposits of the fund shall be returned to and made a part of the fund. The first three hundred thousand dollars ($300,000) deposited in the 1986 wetland acquisition fund shall be transferred and credited to the “compensation fund.” On or before January 1 of each year, the commissioner of general services shall certify to the comptroller of the treasury such information as is necessary to identify the parcels of property that have been rendered tax exempt pursuant to this part during the prior fiscal year. The comptroller of the treasury shall determine the appropriate tax rate and assessed value of every parcel of property acquired by the wildlife resources agency regardless of whether the land was acquired with wetlands funds, and, on or before March 1 of each year, shall certify to the commissioner of finance and administration the amount of property tax revenue lost by each affected city or county the prior fiscal year. The assessed value shall be based on the use value provided for in title 67, chapter 5, part 10, if the property is of sufficient size to have been classified under that part. Acquisition pursuant to this part of property classified under title 67, chapter 5, part 10, shall not constitute a change in the use of the property, and no rollback taxes shall become due solely as a result of such acquisition. If the property is not of sufficient size to have been classified under title 67, chapter 5, part 10, the assessed value shall be determined according to the same basis as other like property within the jurisdiction. Each subsequent yearly reimbursement amount shall be based on the same assessed value, tax rate and use in effect on the date of purchase. The commissioner of finance and administration shall reimburse each affected city and county the amount so determined from funds available in the compensation fund. In any year in which funds available in the compensation fund are insufficient to fully reimburse such cities and counties, the commissioner of finance and administration shall effect a transfer of funds from the 1986 Wetland Acquisition Fund to the compensation fund in an amount sufficient to fully reimburse the affected cities and counties. Funds transferred from the 1986 Wetland Acquisition Fund to the compensation fund along with interest, if any, accruing on such funds after their transfer to the compensation fund, shall be expended to reimburse affected cities and counties only for lands purchased under the U.A. Moore Wetlands Acquisition Act. If there is an amount owing on June 19, 1997, to a city or a county for a reimbursement, due to insufficient funds having been available in the compensation fund, such amount owing shall be paid to the affected city or county under the terms of this part. Acts 1986, ch. 833, § 8; 1987, ch. 121, § 1; 1989, ch. 461, § 1; 1997, ch. 542, § 3; 2018, ch. 1013, § 1; 2020, ch. 795, § 2. Amendments. The 2020 amendment, in (b), in the first sentence, substituted “general services” for “finance and administration”, “property that have been” for “property which have been” and inserted “during the prior fiscal year”, and at the end of the second sentence, substituted “fiscal year” for “calendar year”. Effective Dates. Acts 2020, ch. 795, § 3. July 15, 2020. Cross-References. Wetland acquisition fund, § 67-4-409 . Attorney General Opinions. Greenbelt rollback tax liability on land converted to exempt status. OAG 10-71, 2010 Tenn. AG LEXIS 77 (5/21/10). Greenbelt rollback tax liability on land purchased through the wetlands acquisition fund. OAG 12-51, 2012 Tenn. AG LEXIS 50 (5/9/12).