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04/05/2016
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04/05/2016
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Hall County Board of Equalization <br /> April 2, 2016 <br /> Page 4 <br /> As the Crane Trust explained during the public hearing, the grazing, crop, and <br /> hay practices on the Crane Trust's property are part of the Crane Trust's overall effort to <br /> protect and maintain critical habitat for Sandhill Cranes, Whooping Cranes, and other <br /> migratory birds. The leasing is incidental to the Crane Trust's primary use of the <br /> property, which is habitat conservation. "If the lease of the property for agricultural <br /> use is incidental to the primary or dominant use, then the property is not subject <br /> to taxation." City of York v. York Ctv. Bd. of Equalization, 266 Neb. 311, 664 N,W.2d <br /> 456 (2003) (emphasis added); see also Harold Warp Pioneer Vill. Found. v. Ewald, 287 <br /> Neb. 19, 844 N.W.2d 245 (2013) (income-generating motel near Pioneer Village was <br /> tax exempt because any non-exempt uses of the motel were incidental to the motel's <br /> overall purpose of lodging visitors of the Pioneer Village, a charitable entity); Lariat Boys <br /> Ranch v. Bd. of Equalization, 181 Neb. 198, 147 N.W.2d 515 (1966) (entire 1,000-acre <br /> ranch devoted to rehabilitating troubled youth was tax-exempt even though owner was <br /> conducting ranching business on the vast majority of the property and only 5-10 acres <br /> of the land was dedicated to housing the youth). <br /> The Crane Trust's leased property does not become taxable just because it is <br /> leased. See City of York, Harold Warp, Lariat Boys. The grazing, crop, and haying <br /> practices are part of the Crane Trust's overall land management program to serve its <br /> charitable purpose of protecting the cranes and other migratory birds. The lease <br /> agreements are incidental to the Crane Trust's predominant use of the land for <br /> charitable and educational purposes. The 13 parcels are completely tax exempt, even <br /> though they will be under grazing and/or crop leases in 2016. <br /> The hunting contract also does not alter the tax-exempt status of Parcels <br /> 400229552 and 400229609. Even if hunting on these two parcels is not an exempt use <br /> of the parcels, such hunting is only incidental to the Crane Trust's habitat management <br /> and conservation practices, which is the dominant use of these two parcels. As the <br /> Supreme Court ruled in Harold Warp, even when property is used for non-exempt <br /> purposes, it is still tax-exempt if the primary use of the property is for charitable or <br /> educational purposes. <br /> IV. CONCLUSION <br /> The law allows the Crane Trust to request and receive tax exemption on all 32 of <br /> its parcels in Hall County. The fact that the Crane Trust leases a portion of its property <br /> for agricultural purposes does not make those portions taxable. City of York, Harold <br /> Warp, Lariat Boys. The Crane Trust requests that the Board grant all 32 of its tax <br /> exemption applications. <br /> Thank you for your time and consideration. <br />
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