CHAPTER 11. TAXATION.
ARTICLE 3. ASSESSMENTS GENERALLY.
All property shall be assessed annually as of the first day of July at its true and actual value; that is to say, at the price for which such property would sell if voluntarily offered for sale by the owner thereof, upon such terms as such property, the value of which is sought to be ascertained, is usually sold, and not the price which might be realized if such property were sold at a forced sale, except that the true and actual value of all property owned, used and occupied by the owner thereof exclusively for residential purposes shall be arrived at by giving primary, but not exclusive, consideration to the fair and reasonable amount of income which the same might be expected to earn, under normal conditions in the locality wherein situated, if rented: Provided, That the true and actual value of all farms used, occupied and cultivated by their owners or bona fide tenants shall be arrived at according to the fair and reasonable value of the property for the purpose for which it is actually used regardless of what the value of the property would be if used for some other purpose; and that the true and actual value shall be arrived at by giving consideration to the fair and reasonable income which the same might be expected to earn under normal conditions in the locality wherein situated, if rented: Provided, however, That nothing herein shall alter the method of assessment of lands or minerals owned by domestic or foreign corporations. The taxes upon all property shall be paid by those who are the owners thereof on that day, whether it be assessed to them or others. If at any time after the beginning of the assessment year, it be ascertained by the tax commissioner that the assessor, or any of his deputies, is not complying with this provision or that he has failed, neglected or refused, or is failing, neglecting or refusing after five days' notice to list and assess all property therein at its true and actual value, the tax commissioner may order and direct a reassessment of any or all of the property in any county, district or municipality, where any assessor, or deputy, fails, neglects or refuses to assess the property in the manner herein provided. And, for the purpose of making such assessment and correction of values, the tax commissioner may appoint one or more special assessors, as necessity may require, to make such assessment in any such county, and any such special assessor or assessors, as the case may be, shall have all the power and authority now vested by law in assessors, and the work of such special assessor or assessors shall be accepted and treated for all purposes by the county boards of review and equalization and the levying bodies, subject to any revisions of value on appeal, as the true and lawful assessment of that year as to all property valued by him or them. The tax commissioner shall, with the approval of the board of public works, fix the compensation of all such special assessors as may be designated by him, which, together with their actual expenses, shall be paid out of the county fund by the county commission of the county in which any such assessment is ordered, upon the receipt of a certificate of the tax commissioner filed with the clerk of the county commission showing the amounts due and to whom payable, after such expenses have been audited by the county commission.
Any assessor who knowingly fails, neglects or refuses to
assess all the property of his county, as herein provided, shall be guilty of
malfeasance in office, and, upon conviction thereof, shall be fined not less
than one hundred nor more than five hundred dollars, or imprisoned in the
county jail not less than three nor more than six months, or both, in the
discretion of the court, and upon conviction, shall be removed from office.
§11-3-1a. Magisterial districts as tax districts;
legislative findings; terms defined.
The Legislature recognizes that several counties have redistricted their magisterial districts in order to achieve as nearly as practicable equal numbers of population within each such district; that if the land books and personal property books of any such county must be changed following each such redistricting so as to reflect the newly established districts, very substantial costs to the counties would be occasioned thereby; that if the land books must be changed following each such redistricting so as to reflect the newly established districts, problems would arise in searching and abstracting titles to real property; and that there is no reason to require the land books and personal property books of a county for tax purposes to be on a magisterial district basis as such districts are established for voting purposes. Consequently, the terms "tax district" or "district," or the plural thereof, as used in this chapter, shall mean the magisterial district or districts and the subdivisions thereof as the same existed in any county on the first day of January, one thousand nine hundred sixty-nine: Provided, That in a county in which the county court has exercised the power formerly granted it under chapter one hundred seventeen, acts of the Legislature, regular session, one thousand nine hundred seventy-two, by designating that county's magisterial districts as tax districts, the term "tax districts" shall mean the magisterial districts of that county as they existed on the first day of July, one thousand nine hundred seventy-three.
§11-3-1b. Recordation of plat or designation of land use not
to be basis for assessment; factors for valuation; legislative rule; effective
(a) The recordation of a plan or plat, or the designation of proposed land use by a county or municipal planning authority, shall not be used by the assessor as a basis in the valuation or assessment of real property for the purposes of taxation, except as hereafter provided. The valuation of real property contained in a recorded plan or plat is as follows:
(1) When a lot or parcel within a recorded plan or plat is
sold, that lot shall be revalued by the county assessor or tax commissioner. In
no event may the remaining lots within the recorded plan or plat be
automatically revalued solely based upon the sale of other lots within the
recorded plan or plat.
(2) When land contained within a recorded plan or plat is
first developed and actually used for a commercial, residential or industrial
purpose, the land shall be revalued by the county assessor or the tax
commissioner, depending upon whoever has authority over the land, but in no
event may the remaining lots within the recorded plan or plat be automatically
revalued solely based upon the sale of other lots within the recorded plan or
(b) For valuation of the remaining lots or parcels or
undeveloped portion within the recorded plan or plat, the following factors
shall be taken into consideration in determining the valuation: (1)
Availability of improved roads; (2) availability of sewage disposal and
drinking water supply, including, but not limited to, the use of such factors
as availability of public water and sewage systems, private water systems,
water wells, private sewage and septic systems or potential private sewage and
septic systems; (3) availability of electrical, telephone and other utility
services; and (4) percentage of completion of improvements and infrastructure
development. The assessor shall annually determine the percentage of completion
of improvements and infrastructure development. The tax commissioner shall
propose a legislative rule for submission to the Legislature pursuant to the
provisions of article three, chapter twenty-nine-a of this code, which rule
shall describe in detail the methodology and use of the factors set out above,
as well as any other factors determined by the tax commissioner to be
applicable, for valuation of percentage of completion of improvements and
infrastructure development. The remaining lots or parcels or undeveloped
portion within the recorded plan or plat are not managed timberland for
purposes of valuation of management timberland under sections eleven and
eleven-a, article one-c of this chapter. For purposes of classification of
property for levy purposes under section five, article eight of this chapter,
developed lots or parcels shall not be reclassified from Class III to Class II
or from Class IV to Class II until the developed lot or parcel is used and
occupied by the owner thereof exclusively for residential purposes as defined
in section three, article four of this chapter.
(c) The designation of proposed land use by a county or
municipal planning authority may not be used or considered by an assessor in
determining the appraised value of property included under a designation of
proposed land use by a county or municipal planning authority until such time
as the actual use of the real property has changed to
correspond to the proposed use. For purposes of this subsection, the actual use
of real property shall be treated as having changed to correspond to the
proposed use as improvements on the property necessary for the proposed use are
completed: Provided, That in valuing the
property before its change to actual use, the assessor may consider the factors
described in subsection (b) of this section.
(d) The amendments made to this section by the Legislature
in two thousand shall become effective on the first day of July, two thousand,
and shall be effective as to all plans or plats filed after the thirtieth day
of June, two thousand. The provisions of the amendments made to this section in
two thousand do not apply to unsold lots or parcels or undeveloped land
contained within recorded plans or plats which were recorded prior to the first
day of July, two thousand: Provided, That in no event may the appraised
value of unsold lots or parcels or undeveloped land contained within these
recorded plans or plats be less than their appraised value as of first day of
July, two thousand.