Title 48, Chapter 5, Section 402
( 48-5-402)
(a) All real and personal property including, but not limited to,
franchises belonging to a public utility which is required to make
its returns to the commissioner, when the property is within the
taxable limits of any school district, shall be subject to taxation
by the school district as fully and completely as is the property of
other persons within the taxable limits of the school district. (b)(1) It is the duty of every public utility, in addition to the
facts otherwise required to be included in its returns to the
commissioner, to show in its return the fair market value of its
property in each of the school districts in which its property is
located. For the purpose of enabling the public utility to show in
its returns the fair market value of its property in each school
district, each county superintendent of schools shall furnish to
each public utility information as to the boundaries of each
school district in which the public utility may have property so
as to enable the public utility to determine the amount of its
property in each school district. The county superintendent of
schools shall also furnish similar information whenever the
boundaries of any school district are changed. (2) The rolling stock, franchises, and other personal property of
public utilities shall be distributed to the school districts on
the same basis that rolling stock, franchises, and other personal
property are distributed to counties and municipalities as
provided by law. (c) In all cases where taxes are authorized for school purposes in
the counties or school districts, each public utility's annual
return to the commissioner shall set forth all its taxable property
in the county or school district. The commissioner shall fix the
proposed assessment of the utility's property for school purposes at
the same time and in the same manner as he is authorized by law to
fix the proposed assessment of the property for ordinary county
purposes. The commissioner shall assess the property of railroad
equipment companies and shall apply the school tax rate fixed by the
school authorities in the counties or school districts. The school
tax rate shall be certified and transmitted to the commissioner by
the county authorities at the same time they certify to the
commissioner the county tax rate for ordinary county purposes. (d) The commissioner shall use the same procedures for collecting school taxes of railroad equipment companies, insofar as they can be applied, as are provided for the collection of county taxes due from railroad equipment companies under Code Section 48-5-519. When it becomes necessary for the commissioner to issue a tax fi. fa. for county purposes as well as for school purposes, he may include the school tax in the fi. fa. and shall specify separately in the assessment and tax execution the amount of the county taxes for ordinary purposes and the amount for school purposes so that the tax commissioner or tax collector, after collecting the taxes, can pay over each tax to the proper person authorized by law to receive the tax. Should the taxpayer desire to contest the taxability of his property, as provided under this subsection and Code Section 48-5-403, he may do so by bringing an action for equitable relief in the Superior Court of Fulton County. |