Title 48, Chapter 5, Section 299
( 48-5-299)
(a) It shall be the duty of the county board of tax assessors to
investigate diligently and to inquire into the property owned in the
county for the purpose of ascertaining what real and personal
property is subject to taxation in the county and to require the
proper return of the property for taxation. The board shall make
such investigation as may be necessary to determine the value of any
property upon which for any reason all taxes due the state or the
county have not been paid in full as required by law. In all cases
where the full amount of taxes due the state or county has not been
paid, the board shall assess against the owner, if known, and
against the property, if the owner is not known, the full amount of
taxes which has accrued and which may not have been paid at any time
within the statute of limitations. In all cases where taxes are
assessed against the owner of property, the board may proceed to
assess the taxes against the owner of the property according to the
best information obtainable; and such assessment, if otherwise
lawful, shall constitute a valid lien against the property so
assessed. (b)(1) In all cases where unreturned property is assessed by the
county board of tax assessors after the time provided by law for
making tax returns has expired, the board shall add to the amount
of state and county taxes due a penalty of 10 percent of the
amount of the tax due or, if the principal sum of the tax so
assessed is less than $10.00 in amount, a penalty of $1.00. The
penalty provided in this subsection shall be collected by the tax
collector or the tax commissioner and in all cases shall be paid
into the county treasury and shall remain the property of the
county. (2)(A) The provisions of paragraph (1) of this subsection to the
contrary notwithstanding, this paragraph shall apply with
respect to counties having a population of 600,000 or more
according to the United States decennial census of 1970 or any
future such census. (B) In all cases in which unreturned property is assessed by the
board after the time provided by law for making tax returns has
expired, the board shall add to the assessment of the property a
penalty of 10 percent, which shall be included as a part of the
taxable value for the year. (c) Real property, the value of which was established by an appeal
in any year, that has not been returned by the taxpayer at a
different value during the next two successive years, may not be
changed by the board of tax assessors during such two years for the
sole purpose of changing the valuation established or decision
rendered in an appeal to the board of equalization or superior
court. In such cases, before changing such value or decision, the
board of assessors shall first conduct an investigation into factors
currently affecting the fair market value. The investigation
necessary shall include, but not be limited to, a visual on-site
inspection of the property to ascertain if there have been any
additions, deletions, or improvements to such property or the
occurrence of other factors that might affect the current fair
market value and a review to determine if there are any errors in
the description and characterization of such property in the files
and records of the board of tax assessors.
(d) When real or personal property is located within a municipality
whose boundaries extend into more than one county, it shall be the
duty of each board of tax assessors of a county, wherein a portion
of the municipality lies, to cooperatively investigate diligently
into whether the valuation of such property is uniformly assessed
with other properties located within the municipality but outside
the county where such property is located. Such investigation shall
include, but is not limited to, an analysis of the assessment to
sales ratio of properties that have recently sold within the
municipality and a comparison of the average assessment level of
such properties by the various counties wherein a portion of the
municipality lies. The respective boards shall exchange such
information as will facilitate this investigation and make any
necessary adjustments to the assessment of the real and personal
property that is located in their respective counties within the
municipality to achieve a uniform assessment of such property
throughout the municipality. Any uniformity adjustments pursuant to
this subsection shall only apply to the assessment used for
municipal ad valorem tax purposes within the applicable county. |