67-5-1402. Duties of Board.
The county board of equalization has and shall perform the following
duties:
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Carefully examine, compare and equalize the county assessments;
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Assure that all taxable properties are included on the assessment lists;
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Eliminate from the assessment lists such property as is lawfully exempt from
taxation;
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Hear complaints of taxpayers who feel aggrieved on account of excessive
assessments of their property;
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Decrease the assessments of such properties as the board determines have
been excessively assessed;
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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;
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Correct such errors arising from clerical mistakes or otherwise that may
come or be brought to the attention of the board; and
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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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