5334 Property Essential to Employment - Property which is essential to employment or self-employment of the individual is exempt. This would include property such as farm land or business property where the person is still actively involved as a manager. Income from such property would usually be considered as earned income.

 

If the property is not in current use, it may be exempted under this provision as long as the individual expects to resume its use within one year of the date of last use. This period can be extended an additional year if the individual has a disabling condition which prevents him or her from resuming the activity within the first year. Documentation is required. If the individual does not expect to resume use of the property, it shall be counted in full.

 

5335 Restricted Indian Land - Restricted or allotted land held by an enrolled member of an Indian tribe which cannot be sold or transferred without permission of other members of the tribe or a federal agency is totally exempt.

 

5336 Vehicle Maintenance - Real or personal property which is directly related to the maintenance or use of a vehicle that is used primarily for producing income or necessary to transport a physically disabled household member shall be excluded as a resource. Only that portion of real property determined necessary for maintenance or use is excludable under this provision. For example, a household which owns a produce truck to earn its livelihood may be prohibited from parking the truck in a residential area. The household may own a 100-acre field and use a quarter acre of the field to park and/or service the truck. Only the value of the quarter acre would be excludable under this provision, not the entire 100-acre field.

 

5340 Nonexempt Real Property - Real property shall be considered, including the following:

 

  1. A home when it is considered other real property. Refer to 5331.
     

  2. Land and buildings shall be evaluated and counted in determining eligibility unless income producing per 5332.
     

  3. Life estates shall be considered as per 5333.
     

  4. Trust Property - When placed in a trust, real property is considered.