Post-Death Cash Renting With Special Use Valued Real Estate

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2014-08-08
Authors
Harl, Neil
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The statute creating special use valuation for real property as enacted in 1976 effective in 19771 did not permit cash rent leasing in the after-death period2 except for the two year “grace period” immediately after death3 for purposes of further meeting the “qualified use” test (which was enacted in 1981).4 However, that requirement has been modified twice, once in 1988 and once in 1997 as discussed below, and made retroactive to 1976.5

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