Georgia HB 755: Ad valorem tax; revised definition of forest land fair market value; provisions

Bill Text

14 LC 34 3954
H. B. 755
- 1 -
House Bill 755
By: Representatives Powell of the 171
st, Meadows of the 5
th, England of the 116
th, Knight of
the 130
th, McCall of the 33
rd, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad1
valorem taxation of property, so as to provide for a revised definition of forest land fair2
market value; to provide for conditions, procedures, and limitations for ad valorem property3
tax litigation in superior court; to provide for conditions, procedures, and limitations on the4
approval of tax digests when assessments are in arbitration or on appeal; to provide for the5
valuation of property which is under appeal as to its assessed value; to provide for6
procedures, conditions, and limitations regarding refunds of taxes and license fees by7
counties and municipalities; to provide for related matters; to provide an effective date; to8
repeal conflicting laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem12
taxation of property, is amended by revising paragraph (6) of Code Section 48-5-2, relating13
to definitions regarding ad valorem taxation of property, as follows:14
"(6) 'Forest land fair market value' means the 2008 fair market value of the forest land;15
provided, however, that when the 2008 fair market value of the forest land has been16
appealed by a property owner and the ultimate fair market value of the forest land is17
reduced in the appeal process by either the board of assessors, the board of equalization,18
a hearing officer, an arbitrator, or a superior court judge, then the final fair market value19
of the forest land shall replace the 2008 fair market value of the forest land. This final20
fair market value of the forest land shall be used in the calculation of local assistance21
grants. If local assistance grants have been granted to either a county, a county board of22
education, or a municipality based on the 2008 fair market value of forest land and23
subsequently the fair market value of such forest land is reduced on an appeal, then the24
county or the municipality shall reimburse the state, within 12 months unless otherwise25
agreed to by the parties, the difference between local assistance grants paid to the county26

14 LC 34 3954
H. B. 755
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or municipality and the amount which would have been due based on the final fair market27
value of the forest land. Such 2008 valuation may increase from one taxable year to the28
next by a rate equal to the percentage change in the price index for gross output of state29
and local government from the prior year to the current year as defined by the National30
Income and Product Accounts and determined by the United States Bureau of Economic31
Analysis and indicated by the Price Index for Government Consumption Expenditures32
and General Government Gross Output (Table 3.10.4)."33
SECTION 2.34
Said chapter is further amended by revising Code Section 48-5-29, relating to the jurisdiction35
of the superior court in ad valorem property tax litigation, as follows:36
"48-5-29.37
(a) Before the superior court has jurisdiction to entertain any civil action, appeal, or38
affidavit of illegality filed under this title by any aggrieved taxpayer concerning liability39
for ad valorem property taxes, taxability of property for ad valorem property taxes,40
valuation of property for ad valorem taxes, or uniformity of assessments for ad valorem41
property taxes, the taxpayer shall pay the amount of ad valorem property taxes assessed42
against the property at issue for the last year for which taxes were finally determined to be43
due on the property, or, if less, the amount of the temporary tax bill issued pursuant to44
Code Section 48-5-311. For the purposes of this Code section, taxes shall not be deemed45
finally determined to be due on a property for a tax year until all appeals under Code46
Section 48-5-311 and proceedings for refunds under Code Section 48-5-380 have become47
final.48
(b) Ad valorem taxes due under this Code section shall be paid to the tax collector or tax49
commissioner of the county where the property is located. If the property is located within50
any municipality, the portion of the payment due the municipality shall be paid to the51
officer designated by the municipality to collect ad valorem taxes.52
(c) All taxes paid to the county tax collector or tax commissioner under this Code section53
shall be distributed to the state, county, county schools, and any other applicable taxing54
districts in the same proportion as the millage rate for each bears to the total millage rate55
applicable to the property for the current year. If the total millage rate has not been56
determined for the current year, the distribution shall be made on the basis of the millage57
rates established for the immediately pr