Mississippi SB 2349: Ad valorem taxes; allow assessors to consider exigent circumstances subject to certain restrictions.

Bill Text

SB2349 (As Introduced) - 2020 Regular Session 

MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Finance

By: Senator(s) Hopson

Senate Bill 2349

AN ACT TO AMEND SECTIONS 27-35-49 AND 27-35-50, MISSISSIPPI 
CODE OF 1972, TO INCLUDE CERTAIN EXIGENT CIRCUMSTANCES AS FACTORS TO BE 
CONSIDERED IN THE APPRAISAL OF PROPERTY FOR AD VALOREM TAX ASSESSMENT PURPOSES; 
TO BRING FORWARD SECTION 27-35-101, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF 
POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

���� BE IT ENACTED BY THE 
LEGISLATURE OF THE STATE OF MISSISSIPPI:

���� SECTION 1.� Section 
27-35-49, Mississippi Code of 1972, is amended as follows:

���� 27-35-49.� It shall be the 
duty of the tax assessor to assess all the lands in his county and he shall 
require the owner, agent, or person having possession, or charge, of any lands, 
to render a list of all lands owned, or in charge, or in possession, of such 
owner, agent or person, and land shall be appraised according to its true value 
and assessed in proportion thereto, taking into consideration the improvements 
thereon and exigent circumstances connected with the Governor's declaration 
of a state of emergency or the declaration of an area for Individual Disaster 
Assistance by the Federal Emergency Management Agency (FEMA).

���� Every person owning or being 
in possession, or in charge, of any land shall deliver to the tax assessor on 
demand, and in any event, not later than April first in each year, a list of 
all lands owned by, or in possession, or in charge, made out on the tax lists 
prescribed; and showing the total number of acres (except the land be platted 
by blocks and lots), the total number of acres of cultivatable lands and the value 
thereof, and the number of acres of uncultivatable land and the value thereof 
and the number of acres devoted to agricultural purposes as of January 1 of 
each year; and buildings or improvements subject to taxation on any lands 
returned for assessment.� If the lands be surveyed and platted, it shall be 
returned so as to clearly identify it by the recorded plat thereof, and the 
list rendered shall disclose the value of each lot and the value of any 
buildings, structures, or improvements thereon.� Any person required by this 
section to render a list of any lands shall show in what road district, school 
district, levee district, municipality, or other taxing district, the same is 
located.� If any person shall deliver or disclose to an assessor, or deputy assessor, 
a list, statement or return in regard to his land which, in the opinion of the 
assessor, or deputy assessor, is false or fraudulent, or contains any 
understatement or undervaluation, or fails to show the proper classification of 
lands, or fails to show buildings and improvements, or other elements of value, 
the assessor shall make an assessment of the land with the proper 
classification thereof including the omitted things, at a valuation equal to 
the value at which like lands similarly situated are assessed.� Lands not given 
in by any person shall be assessed in the same manner by the assessor at a 
valuation equal to the assessment of other like lands similarly situated and 
all buildings and improvements, or other elements of value shall in all cases 
be separately valued and assessed.

���� SECTION 2.� Section 
27-35-50, Mississippi Code of 1972, is amended as follows:

���� 27-35-50.� (1)� True value 
shall mean and include, but shall not be limited to, market value, cash value, 
actual cash value, proper value and value for the purposes of appraisal for ad 
valorem taxation.

���� (2)� With respect to each 
and every parcel of property subject to assessment, the tax assessor shall, in 
ascertaining true value, consider whenever possible the income capitalization 
approach to value, the cost approach to value and the market data approach to 
value, as such approaches are determined by the Department of Revenue.� For 
differing types of categories of property, differing approaches may be 
appropriate.� The choice of the particular valuation approach or approaches to 
be used should be made by the assessor upon a consideration of the category or 
nature of the property, the approaches to value for which the highest quality 
data is available, and the current use of the property.

���� (3)� Except as otherwise 
provided in subsection (4) of this section, in determining the true value of 
land and improvements thereon, factors to be taken into consideration are the 
proximity to navigation; to a highway; to a railroad; to a city, town, village 
or road; exigent circumstances connected with the Governor's declaration of 
a state of emergency or the declaration of an area for Individual Disaster 
Assistance by the Federal Emergency Management Agency (FEMA); and any other 
circumstances that tend to affect its value, and not what it might bring at a 
forced sale but what the owner would be willing to accept and would expect to 
receive for i