Many agricultural producers in the Salinas Valley operate on leased agricultural land through long-term leases. Having a long-term lease can provide security for both the producer-tenant and the property owners. However, these leases can also have important property tax implications under California law.
Under California property tax law, long-term leases can trigger property tax reassessment when the lease duration, including any option periods, is 35 years or longer. When this happens, the lease is treated as a “change in ownership.” A change in ownership is an event that can cause the property to be reassessed for tax purposes.
In California, if the original lease term plus all option periods equals or exceeds 35 years, the lease may be considered a transfer of ownership for property tax purposes. This means the property may be reassessed at its current market value, potentially increasing property taxes.
For agricultural landowners and tenants, this reassessment can lead to significant and unexpected expenses if the lease is not structured carefully.
Careful planning can help prevent avoidable tax consequences. One important strategy is to ensure that the original lease term plus any option periods remains under 35 years.
For example, parties can structure the lease so that even if the tenant exercises all available options, the total lease duration does not exceed 34 years and 11 months. By staying below the 35-year threshold, the lease generally will not trigger a change in ownership for property tax purposes.
In some cases, both the property owner and the tenant may expect the lease relationship to last 35 years or longer. In these situations, the key factor for determining whether reassessment will occur is the duration of each individual lease, not the total time the tenant occupies the property.
Generally, when the same parties enter into a new lease after the original lease has terminated, the duration of the first lease is not added to the duration of the new lease. This is because the original lease ended rather than being extended through an option or renewal clause.
As long as the original lease terminates before reaching the 35-year threshold, a change in ownership typically does not occur—even if the same tenant signs a new lease immediately afterward. As a result, property tax reassessment may be avoided, even if the tenant ultimately occupies the property for more than 35 years.
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