Title 48, Chapter 5, Section 274
( 48-5-274)
(a) As used in this Code section, the term: (1) "Assessment ratio" means the fractional relationship between
the assessed value and the fair market value of the property. (2) "Measures of central tendency" means the tendency of data to
cluster around some typical or central value, such as the median
ratio, the mean ratio, or the weighted mean ratio (the weighted
mean ratio is also called the aggregate ratio), as defined in the
Standard on Assessment-Ratio Studies published by the
International Association of Assessing Officers. (b) The state auditor shall establish on a continuing basis, no
later than November 15 in each year, an equalized adjusted property
tax digest for each county in the state and for the state as a whole
for the current calendar year. All real and personal property
exempted from taxation shall be excluded from the digest. The state
auditor may establish a unit within the Department of Audits and
Accounts consisting of such number of personnel as is deemed
necessary in order to establish and maintain on a continuing basis
the equalized adjusted property tax digest. The equalized adjusted
property tax digest shall be established and maintained as follows: (1) Determine the locally assessed valuation of the county
property tax assessment digest for the preceding calendar year,
exclusive of real and personal property exempted from taxation and
of railroad equipment company property shown on the county
railroad equipment company property tax digest, exclusive of any
property subject to current use valuation on the county property
tax digest, and exclusive of the locally assessed valuation of
timber harvested or sold; (2) Determine the fair market value for timber harvested or sold
during the calendar year; (3) Divide the sum of the locally assessed valuation of the county
property tax assessment digest under paragraph (1) of this
subsection by the ratio of assessed value to fair market value of
the property established by the state auditor in accordance with
paragraph (8) of this subsection; (4) Determine the fair market value of the county railroad
equipment company property tax digest for the preceding calendar
year; (5) Determine the sum of the current use valuation of the county
property tax digest; (6) Determine the total fair market value of the Public Utility
Digest as established by the commissioner; (7) The total of the sums obtained through the calculations prescribed in paragraphs (2), (3), (4), (5), and (6) of this subsection shall be known as the current equalized adjusted property tax digest of the county. The sum of the current equalized adjusted property tax digest of all counties of the state combined shall be known as the current equalized adjusted property tax digest for the state as a whole; and (8) Establish for each county in the state the ratio of assessed value to fair market value of county property subject to taxation, excluding railroad equipment company property. The ratio shall be determined by establishing the ratio of assessed value to sales price for each of a representative number of parcels of real property, the titles to which were transferred during a period of time to be determined by the state auditor, and then by establishing the measure of central tendency for the county as a whole based upon a representative number of usable transactions studied. The representative number of transactions shall not include any parcel of which the sales price is not reflective of the fair market value of such property as fair market value is defined in Code Section 48-5-2. The state auditor shall supplement realty sales price data available in any county with actual appraisals of a representative number of parcels of farm property and industrial and commercial property located within the county, the titles to which were not transferred within the period of time determined by the state auditor. The state auditor may make appraisals on other types of real property located within the county when adequate realty sales data cannot be obtained on such property. The representative number of parcels of each class of real property as defined by the commissioner used for the study shall be determined by the state auditor. The state auditor may use the same ratio for other personal property, excluding motor vehicles, within the county as is finally determined for real property within the county. (c) The assessment ratio of assessed value to fair market value of
county property to be established by the state auditor for the
purposes of paragraph (8) of subsection (b) of this Code section
shall be established through the use of personnel of the Department
of Audits and Accounts who have sufficient competence and expertise
by way of education, training, and experience in the fields of
property evaluation and appraisal techniques. The Department of
Audits and Accounts shall use the Standard on Assessment-Ratio
Studies published by the International Association of Assessing
Officers or its successors to determine the valid transactions
necessary to establish accurately the measure of central tendency
described in paragraph (8) of subsection (b) of this Code section. (d) The assessment ratio of assessed value to fair market value
determined for each county shall be used as provided for in this
Code section until such time as a new ratio is determined on a
continuing basis for each county. The state auditor shall provide
to the commissioner the assessment ratio of assessed value to fair
market value for all counties upon completion. (e) On or before November 15 of each year, the state auditor shall
furnish to the State Board of Education the current equalized
adjusted property tax digest of each county in the state and the
current equalized adjusted property tax digest for the state as a
whole. In any county which has more than one school system, the
state auditor shall furnish the State Board of Education a breakdown
of the current county equalized adjusted property tax digest showing
the amount of the digest applicable to property located within each
of the school systems located within the county. At the same time,
the state auditor shall furnish the governing authority of each
county, the governing authority of each municipality having an
independent school system, the local board of education of each
school system, the tax commissioner or tax collector of each county,
and the board of tax assessors of each county the current equalized
adjusted property tax digest of the local school system or systems,
as the case may be, and the current equalized adjusted property tax
digest for the state as a whole. (f)(1) Each county governing authority, each governing authority
of a municipality having an independent school system, and each
local board of education, when aggrieved or when having an
aggrieved constituent, shall have a right, upon written request
made within 30 days after receipt of the digest information, to
refer the question of correctness of the current equalized
adjusted property tax digest of the local school system to the
state auditor. The state auditor shall take any steps necessary
to make a determination of the correctness of the digest and to
notify all interested parties of the determination within 45 days
after receiving the request questioning the correctness of the
digest. (2)(A) If any party questioning the correctness of the digest is
dissatisfied with the determination made by the state auditor
pursuant to paragraph (1) of this subsection, the party shall
have the right, which must be exercised within 15 days after
being notified of the determination made by the state auditor,
to refer in writing the question of the correctness of the
digest to a board of arbitrators. (B) Each board of arbitrators shall consist of three members,
one to be chosen by the state auditor within 15 days after
receipt of a written complaint, one to be chosen by the
complaining party at the time of requesting the arbitration, and
one to be chosen within 15 days after selection of the first two
members by the first two members of the board. In the event the
two arbitrators cannot agree on a third member, the Chief
Justice of the Supreme Court of Georgia shall appoint the third
member upon petition of either party with notice to the opposing
party. (C) The board of arbitrators or a majority of the board within
15 days after appointment of the full board shall render its
decision regarding the correctness of the digest in question
and, if correction of the digest is required, regarding the
extent and manner in which the digest should be corrected. The
decision of the board shall be final. (D) The state auditor shall correct the digest in question in
accordance with the decision of the board of arbitrators and
shall report the corrections to the parties entitled to receive
such information under this Code section. (E) Each member of the board of arbitrators shall subscribe to
an oath to perform faithfully and impartially the duties
required in connection with the controversy concerning the
correctness of the digest in question and to render a decision
within the time required. Each member of the board of
arbitrators shall be paid a sum not to exceed $250.00 for each
appeal heard. In addition, each member of the board shall
receive the same daily expense allowance as is provided for each
member of the General Assembly and actual transportation costs
when traveling by public carrier or the legal mileage rate when
traveling by personal automobile. All costs of arbitration of
matters arising under this Code section shall be shared and paid
equally by the Department of Audits and Accounts and by the
governing authority requesting the arbitration. (3) Upon receiving notice that the current equalized adjusted
property tax digest of any local school system is being questioned
pursuant to paragraph (1) of this subsection, the state auditor
shall notify the State Board of Education that the digest is being
questioned. No computations shall be made on the basis of a
questioned digest under Article 6 of Chapter 2 of Title 20, the
"Quality Basic Education Act," until the digest has been
corrected, if necessary, pursuant to this subsection. (g) The commissioner shall provide to the state auditor such digest information as is needed in the calculation of the equalized adjusted property tax digests. Such information shall be provided for each county and for each local school system. For independent school systems in municipalities authorized to assess property in excess of 40 percent of fair market value pursuant to Code Section 48-5-7, the commissioner shall provide digest information to the state auditor at the assessment ratios utilized by both the municipal government and the county government or governments in which the municipality is located. If revision is made to the digest of any county or any portion of a county comprising a local school system following the initial reporting of the digest to the state auditor, the commissioner shall report any such revision to the state auditor. |