Agricultural land character for net wealth remains unchanged where continuous cultivation and surrounding facts do not show non-agricultural use.

Continuous agricultural use of land during the relevant period is prima facie evidence of its agricultural character for net wealth purposes. That presumption can be displaced only by surrounding circumstances showing that the land has in substance ceased to be agricultural, such as residential development, building activity, road access, or actual intended non-agricultural use. On the facts stated, the lands were continuously cultivated, there was no residential development nearby, no road access, and no attempt by the owner or purchasers to use them non-agriculturally. Draft town planning and plotting on yardage basis showed only enhanced potential value and did not change the intrinsic character of the lands, which were treated as agricultural and excluded from net wealth.

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Issues: Whether the two plots of land were agricultural lands for the purpose of inclusion in the assessee's net wealth for the relevant assessment years.

Analysis: Consistent agricultural use of land during the relevant period furnishes prima facie evidence of its agricultural character. That presumption may be displaced by surrounding circumstances showing that the land has in substance ceased to be agricultural, such as location in a fully developed residential area, existence of building activity, accessibility, or actual or intended non-agricultural use. Here, the lands were continuously cultivated by the assessee, there was no residential development in the vicinity, there was no approach by road, and neither the assessee nor the purchasers made any attempt to use the lands for non-agricultural purposes. The application of a draft town planning scheme and subsequent plotting and sale on yardage basis only indicated enhanced potential value and did not by themselves alter the intrinsic character of the lands.

Conclusion: The lands retained their agricultural character and were not includible in the assessee's net wealth.

Ratio Decidendi: Where land is shown to have been continuously used for agriculture and the surrounding circumstances do not displace that position, its agricultural character is not lost merely because of town planning development or plotting and sale on yardage basis.

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