DUTIES OF THE BOARD
The county board of equalization has and shall
perform the following duties:
- Carefully examine, compare, and equalize the
county assessments;
- Assure that all taxable properties are
included on the assessment lists;
- Eliminate from the assessment lists such
property as is lawfully exempt from taxation;
- Hear complaints of taxpayers who feel
aggrieved on account of excessive assessments of
their property;
- Decrease the assessments of such properties
as the board determines have been excessively
assessed;
- Increase the assessments of such properties
as the board determines are under assessed;
provided, that owners of such properties are
duly notified and given an opportunity to be
heard;
- Correct such errors arising from clerical
mistakes or otherwise that may come or be
brought to the attention of the board; and
- Take whatever steps are necessary to assure
that the assessments of all properties within
its jurisdiction conform to laws of the state
and rules and regulations of the state board of
equalization.
67-5-1407.Complaints
to County Board of Equalization
(a) (1) Any owner of property or taxpayer liable
for taxation in the state has the right by personal
appearance, or by the personal appearance of the
duly authorized agent of the owner of the property,
which agency shall be evidenced by a written
authorization executed by the owner or taxpayer, or
by representation by an attorney, to make complaint
before the county board of equalization on one (1)
or more of the following grounds:
(A) Property under appeal or protest by the
taxpayer has been erroneously classified or
sub-classified for purposes of taxation;
(B) Property under appeal or protest by the
taxpayer has been assessed on the basis of an
appraised value that is more than the basis of value
provided for in part 6 of this chapter; and
(C) Property other than property under appeal or
protest by the taxpayer has been assessed on the
basis of appraised values which are less than the
basis of value provided for in part 6 of this
chapter.
(2) Upon such complaint being made before the
county board, it may hear any evidence or witness
offered by the complainant, or may take such steps
as it may deem material to the investigation of the
complaint.
(b) (1) Any local governmental entity has the
right to make a complaint before the assessor of
property and county board of equalization on the
value of property within the local governmental
entity on one (1) or more of the following grounds:
(A) The property has been erroneously classified
or sub-classified for purposes of taxation;
(B) The property has not been included on the
assessment lists; and
(C) The property has been assessed on the basis
of appraised values which are less than the basis of
value provided for in part 6 of this chapter.
(2) Upon complaint by the local governmental
entity, the county board of equalization shall give
the property owner at least five (5) days' notice of
a hearing to be held before the board. The notice
shall be sent by United States mail to the last
known address of the property owner.
(c) The county board may hear any evidence or
witnesses offered by the local governmental entity
or owner or may take such steps as it may deem
material to the investigation of the complaint.
(d) When the assessor of property or the county
board of equalization requests from the owner, or
the owner's duly authorized agent, specific data
regarding the property that is not readily available
through public records and is necessary to make an
accurate appraisal of the property in question, and
such owner or duly authorized agent fails, refuses
or neglects to supply this data in a timely manner
for the assessor of property or county board of
equalization to study and consider, the owner shall
thereby forfeit the owner's right to introduce
information concerning the property requested by the
assessor of property or any local board of
equalization, but denied by the lawful owner or the
owner's duly authorized agent on appeal to the state
board of equalization.
(e) (1) Notwithstanding the provisions of this
section to the contrary, in any county having a
population of not less than seven hundred seventy
thousand (770,000) nor more than seven hundred
eighty thousand (780,000), according to the 1980
federal census or any subsequent federal census, any
taxpayer, or owner of property subject to taxation
in the state, has the right to make complaint before
the county board of equalization on one (1) or more
of the following grounds:
(A) The property under complaint has been
erroneously classified or sub-classified or
erroneously assessed for purposes of taxation other
than as provided in §67-5-212;
(B) The property under complaint has been
assessed on the basis of an appraised value that is
more than the basis of value provided for in part 6
of this chapter; and
(C) Property other than the property under
complaint has been assessed on the basis of
appraised values that are less than the basis of
value provided for in part 6 of this chapter.
(2) Any taxpayer, or owner, has the right to
appear in person before any county board of
equalization, or by an agent having written
authorization, by an attorney, by an agent who is
registered with the state board of equalization, or
by any member of the taxpayer's or owner's immediate
family. Any county board may permit written
appearance and in that event, any subsequent appeal
to the state board of equalization shall be limited
to those grounds made by written appearance before
the county board.
(3) In the event there may be duplicate appeals
filed on any parcel or should the board have reason
to believe that representation is not duly
authorized, the board may require from any agent, or
other representative, written authorization signed
by the taxpayer.
(4) No agent or other representative shall file
an appeal before the county or state boards of
equalization without first obtaining written
authorization from the taxpayer.
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