

Question: I frequently walk in the various parks along the French Broad River (Carrier, French Broad, Hominy Creek, etc.). They are beautiful and always well-used — a real asset to Asheville and I am grateful for them. However, I am dismayed by the fact that I can walk for miles along the water and hardly ever catch a glimpse of that interesting and beautiful river due to the 4-, 5- and 6-foot tall weeds on the bank. What a shame to miss so much beauty just because the weeds are not trimmed. It’s kind of “bush” (ahem!). The rest of the park grounds are kept up quite nicely. Cutting weeds would cost a drop in the bucket compared to the cost of all the other upkeep. Could you find out why the weeds are not trimmed? It would make our parks soooooo much nicer.

My answer: Such weeds can only be trimmed when the power company needs to run some lines. Then they bring in a bush hog that could take down the Amazon rainforest.

Real answer: Asheville Parks & Recreation Program Manager Sandra Travis addressed this one.

"The maintenance plan for greenways is designed to provide clearance on either side of the paved path," Travis said. "Areas such as riverbanks, woods, and those with brush are intended to remain in their natural state to provide a better experience for the user, maintain more stable riverbanks, and support the natural habitats surrounding the greenways."

So, it looks like this is not going to change any time soon. 

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While I joked about the tree hacking along the French Broad, I did hear from a lot of readers back in 2016 when Duke Energy had to cut a lot of river bank trees in the River Arts District to accommodate new power lines and poles. The city said then it planned to replace trees as appropriate.

Question: I read about the proposal for a new retirement community proposed to be built on Long Shoals Road across from Koontz Intermediate School. That juxtaposition made me wonder, do retirement communities pay the same rate of property taxes — that among other things help pay for schools — as other dwelling units?

My answer: Boredom Alert! Boredom Alert! I'm going to hit you with a lot of cut and pasted tax information below.

Real answer: "The taxability depends on ownership and use," said Keith Miller, Buncobme County tax assessor. "There is not enough information at this point to make that determination. However, yes, the project could be exempt if the owner sets it up to be exempt."

The reader apparently was referring to a new 130-unit age-restricted residential development community in South Asheville, Julian Woods Retirement Community. The developers were seeking to rezone 6.3 acres on seven parcels, including 213 Long Shoals Road, a request that was to go before Asheville City Council Oct. 22.

Approval would clear the way for construction of a three-story, 179,400-square foot building. The plan had previously received unanimous support from the city's Planning and Zoning Commission, and a recommendation for approval by city planning staff.

On the county's tax assessor website, it explains about "exempt real estate," as defined by state law. It "states that buildings, the land they actually occupy, and additional adjacent land reasonably necessary for the convenient use of any such building shall be exempted from taxation if wholly owned by a qualified agency."

In a nutshell, properties owned by "a nonprofit 501(c)(3) organization or other qualified agency" can get the exemption when they're used, "wholly and exclusively" for "a charitable, religious, or educational, scientific, or literary purpose."

Here's a bit more legalese:

"An exemption application is required for any property requesting property tax exemption. The Tax Office prior to Jan. 31 of the current year must receive all new applications and all applications due for review. In addition, it is the property owner's responsibility to list any changes in the use or status of the property prior to Jan. 31 of the current tax year."

The county reviews all properties granted an exemption "at least once every four years to verify that the property continues to qualify for exemption."

To make all this even more complicated, exempt properties may still be taxed if, "A property owned by an exempt entity but not in use for an exempt purpose is taxable. For example, an office building owned by a church or other 501(c)(3) corporation but rented or leased to others is taxable."

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Other examples of properties that could be taxed include:

• A parking lot owned by exempt entity, but rented or leased to others for parking is taxable.

• The portion of a building that is not used for an exempt purpose or is leased to others is taxable.

• Vacant land owned by an exempt entity but not used for an exempt purpose is taxable.

• Property used but not owned by an exempt agency is taxable.

• Property that meets the ownership and use requirements but did not have an application filed by Jan. 31 of the current year, is taxable.

• Exempt property sold before July 1 of the current year to a taxable entity, will be listed and taxable to the new owner for the entire tax year. 


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