CHAPTER 11. TAXATION.

§11-3-1. Time and basis of assessments; true and actual value; default; reassessment; special assessors; criminal penalty.

(a) All property, except public service businesses assessed pursuant to article six of this chapter, shall be assessed annually as of July 1 at sixty percent of its true and actual value; that is to say, at the price for which the property would sell if voluntarily offered for sale by the owner thereof, upon the terms as the property, the value of which is sought to be ascertained, is usually sold, and not the price which might be realized if the property were sold at a forced sale.

(b) Any conflicting provisions of subsection (a) of this section notwithstanding, 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 also giving 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.

(c) The taxes upon all property shall be paid by those who are the owners thereof on the assessment date whether it be assessed to them or others.

(d) 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 or her deputies, is not complying with this provision or that they have failed, neglected or refused, or is failing, neglecting or refusing after five days' notice to list and assess all property therein at sixty percent of its true and actual value as determined under this chapter, the Tax Commissioner shall 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, if the Tax Commissioner has determined that the assessor has not complied or has so failed, neglected or refused to list and assess property as aforesaid for two or more consecutive years, for the purpose of making assessment and correction of values, the Tax Commissioner shall appoint one or more special assessors, unless the Tax Commissioner determines that such appointment should be made earlier, as necessity may require, to make assessment in any county and any such special assessor or assessors, as the case may be, has 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 her or them. The Tax Commissioner shall fix the compensation of all special assessors appointed, 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. All of this subsection is subject to the following:

(1) Notwithstanding any other provision of this subsection to the contrary, if the Tax Commissioner has determined that the assessor has not complied or has so failed, neglected or refused to list and assess property as aforesaid for two consecutive years, but the assessor can show that the criteria established by rule pursuant to this subsection are met, the Tax Commissioner is not required to appoint one or more special assessors pursuant to this section, and in lieu of appointing one or more special assessors, may again order and direct a reassessment of any or all of the property pursuant to this subsection;

(2) For any third or succeeding consecutive year or years that the Tax Commissioner determines that the assessor has not complied or has so failed, neglected or refused to list and assess property as aforesaid, the Tax Commissioner shall appoint one or more special assessors pursuant to the provisions of this subsection regardless of whether or not the assessor can show that he or she will list and assess property as aforesaid the next year; and

(3) For the purposes of determining consecutive years pursuant to this subsection, only tax years beginning on and after the July 1, 2013, assessment date may be considered a first year.

(4) For purposes of subdivision (1) of this subsection, criteria for determining whether the assessor has made a satisfactory showing that he or she will list and assess property as aforesaid for the year next succeeding the two assessment years specified in subdivision (1) of this subsection, the Tax Commissioner shall apply criteria based on: (A) Sales validity; (B) appraisal uniformity; (C) appraisal evaluation; and (D) such other criteria as the Tax Commissioner may prescribe. The Tax Commissioner shall promulgate a legislative rule to specify criteria for the treatment authorized herein for any such third year or succeeding consecutive year or years, and such administrative and procedural requirements and criteria as the Tax Commissioner may prescribe.

(e) Any assessor who knowingly fails, neglects or refuses to assess all the property of his or her county, as herein provided, shall be guilty of malfeasance in office and, upon conviction thereof, shall be fined not less than $100 nor more than $500, or imprisoned 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.

(f) For purposes of this chapter and chapter eleven-a of this code, the following terms have the meanings ascribed to them in this section unless the context in which the term is used clearly indicates that a different meaning is intended by the Legislature:

(1) "Assessment date" means July 1 of the year preceding the tax year.

(2) "Assessment year" means the twelve-month period that begins on the assessment date.

(3) "Tax year" or "property tax year" means the next calendar year that begins after the assessment date.

(4) "Taxpayer" means the owner and any other person in whose name the taxes on the subject property are lawfully assessed.

§11-3-1. Time and basis of assessments; true and actual value; default; reassessment; special assessors; criminal penalty.

Bills Affecting §11-3-1

2001 Regular Session: HB2472
2001 Regular Session: HB3144
2002 2X: SB2007
2002 2X: SB2007
2002 Regular Session: HB2001
2002 Regular Session: HB2472
2002 Regular Session: HB3144
2003 Regular Session: HB2002
2003 Regular Session: HB2277
2003 Regular Session: HB3157
2003 Regular Session: HB3157
2004 Regular Session: HB2002
2004 Regular Session: HB2277
2004 Regular Session: HB3157
2004 Regular Session: HB3157
2004 Regular Session: HB4047
2004 Regular Session: HB4058
2004 Regular Session: HB4393
2004 Regular Session: SB1
2004 Regular Session: SB23
2004 Regular Session: SB23
2004 Regular Session: SB23
2004 Regular Session: SB194
2004 Regular Session: SB204
2004 Regular Session: SB504
2004 Regular Session: SB594
2004 Regular Session: SB594
2005 1X: HB103
2005 1X: HB103
2005 1X: SB1004
2005 1X: SB1004
2005 Regular Session: HB2063
2005 Regular Session: HB2233
2005 Regular Session: HB2283
2005 Regular Session: HB2407
2005 Regular Session: HB2445
2005 Regular Session: HB2445
2005 Regular Session: HB2507
2005 Regular Session: HB2540
2005 Regular Session: HB2540
2005 Regular Session: HB2554
2005 Regular Session: HB2999
2005 Regular Session: HB3226
2005 Regular Session: HB3231
2005 Regular Session: HB3231
2005 Regular Session: SB167
2005 Regular Session: SB167
2005 Regular Session: SB167
2005 Regular Session: SB188
2005 Regular Session: SB188
2005 Regular Session: SB217
2005 Regular Session: SB646
2005 Regular Session: SB724
2006 Regular Session: HB2063
2006 Regular Session: HB2233
2006 Regular Session: HB2407
2006 Regular Session: HB2445
2006 Regular Session: HB2445
2006 Regular Session: HB2507
2006 Regular Session: HB2540
2006 Regular Session: HB2540
2006 Regular Session: HB2554
2006 Regular Session: HB3231
2006 Regular Session: HB3231
2006 Regular Session: HB4442
2006 Regular Session: HB4566
2006 Regular Session: HB4566
2006 Regular Session: HB4744
2006 Regular Session: HB4745
2006 Regular Session: SB117
2006 Regular Session: SB117
2006 Regular Session: SB117
2006 Regular Session: SB520
2006 Regular Session: SB520
2006 Regular Session: SB593
2006 Regular Session: SB651
2006 Regular Session: SB698
2007 Regular Session: HB2050
2007 Regular Session: HB2207
2007 Regular Session: HB2213
2007 Regular Session: HB2215
2007 Regular Session: HB2539
2007 Regular Session: HB2721
2007 Regular Session: HB2945
2007 Regular Session: HB3100
2007 Regular Session: HB3145
2007 Regular Session: HB3145
2007 Regular Session: SB124
2007 Regular Session: SB362
2007 Regular Session: SB455
2007 Regular Session: SB455
2007 Regular Session: SB455
2007 Regular Session: SB752
2007 Regular Session: SB752
2008 Regular Session: HB2050
2008 Regular Session: HB2207
2008 Regular Session: HB2213
2008 Regular Session: HB2215
2008 Regular Session: HB2539
2008 Regular Session: HB2721
2008 Regular Session: HB4015
2008 Regular Session: HB4128
2008 Regular Session: HB4684
2008 Regular Session: SB117
2008 Regular Session: SB117
2008 Regular Session: SB117
2008 Regular Session: SB153
2008 Regular Session: SB223
2008 Regular Session: SB269
2008 Regular Session: SB585
2008 Regular Session: SB680
2008 Regular Session: SB689
2008 Regular Session: SB689
2008 Regular Session: SB689
2009 Regular Session: HB2009
2009 Regular Session: HB2012
2009 Regular Session: HB2084
2009 Regular Session: HB2252
2009 Regular Session: HB2283
2009 Regular Session: HB2535
2009 Regular Session: HB2730
2009 Regular Session: HB2744
2009 Regular Session: HB2859
2009 Regular Session: HB3039
2009 Regular Session: HB3081
2009 Regular Session: HB3271
2009 Regular Session: SB265
2009 Regular Session: SB273
2009 Regular Session: SB371
2009 Regular Session: SB371
2009 Regular Session: SB413
2009 Regular Session: SB442
2009 Regular Session: SB442
2009 Regular Session: SB442
2009 Regular Session: SB484
2009 Regular Session: SB608
2009 Regular Session: SB696
2009 Regular Session: SB727
2009 Regular Session: SB728
2009 Regular Session: SB728
2009 Regular Session: SB755
2009 Regular Session: SB755
2010 Regular Session: HB2009
2010 Regular Session: HB2012
2010 Regular Session: HB2084
2010 Regular Session: HB2252
2010 Regular Session: HB2730
2010 Regular Session: HB3081
2010 Regular Session: HB4136
2010 Regular Session: HB4136
2010 Regular Session: HB4136
2010 Regular Session: HB4315
2010 Regular Session: HB4315
2010 Regular Session: HB4439
2010 Regular Session: HB4651
2010 Regular Session: SB232
2010 Regular Session: SB232
2010 Regular Session: SB232
2010 Regular Session: SB401
2010 Regular Session: SB441
2010 Regular Session: SB441
2010 Regular Session: SB628
2011 Regular Session: HB2270
2011 Regular Session: HB2271
2011 Regular Session: HB2663
2011 Regular Session: HB2851
2011 Regular Session: HB2869
2011 Regular Session: SB277
2011 Regular Session: SB523
2012 Regular Session: HB2270
2012 Regular Session: HB2271
2012 Regular Session: HB2851
2012 Regular Session: HB4088
2012 Regular Session: HB4088
2012 Regular Session: HB4298
2012 Regular Session: HB4393
2012 Regular Session: HB4525
2012 Regular Session: SB153
2012 Regular Session: SB190
2012 Regular Session: SB208
2012 Regular Session: SB208
2013 Regular Session: HB2313
2013 Regular Session: HB2486
2013 Regular Session: HB2875
2013 Regular Session: HB2947
2013 Regular Session: SB95
2013 Regular Session: SB99
2013 Regular Session: SB110
2013 Regular Session: SB551
2013 Regular Session: SB595
2013 Regular Session: SB634
2014 1X: SB1009
2014 Regular Session: HB2313
2014 Regular Session: HB2486
2014 Regular Session: HB2875
2014 Regular Session: HB2947
2014 Regular Session: SB213
2014 Regular Session: SB259
2014 Regular Session: SB273
2014 Regular Session: SB304
2015 Regular Session: HB2087
2015 Regular Session: HB2792
2015 Regular Session: SB130
2015 Regular Session: SB281
2016 Regular Session: HB4321
2016 Regular Session: HB4434
2016 Regular Session: SB98
2016 Regular Session: SB577
2017 Regular Session: HB2555
2017 Regular Session: SB191
2017 Regular Session: SB291
2017 Regular Session: SB369
2017 Regular Session: SB377
2017 Regular Session: SB378
2018 Regular Session: HB4605
2018 Regular Session: SB97
2018 Regular Session: SB126
2018 Regular Session: SB148
2018 Regular Session: SB570
2019 1X: HB117
2019 1X: SB1003
2019 Regular Session: HB2734
2019 Regular Session: HB2941
2019 Regular Session: HB3112
2019 Regular Session: HB3112
2019 Regular Session: SB275
2020 Regular Session: HB2941
2020 Regular Session: HB4382
2020 Regular Session: HB4465
2021 Regular Session: HB2096
2021 Regular Session: HB2244
2021 Regular Session: SB445