North Carolina § 105-278 - 2. Burial property.

§ 105-278. 2. Burial property.

Real property set apart for burial purposes shall be exempted from taxation unless it is owned and held for purposes of (i) sale or rental or (ii) sale of burial rights therein. No application is required under G.S. 105-282.1 for property exempt under this subsection. A county cannot deny the exemption provided under this subsection to a taxpayer that lacks a survey or plat detailing the exempt property. Taxable real property set apart for human burial purposes is hereby designated a special class of property under authority of Article V, Section 2(2) of the North Carolina Constitution, and it shall be assessed for taxation taking into consideration the following: The effect on its value by division and development into burial plots; Whether it is irrevocably dedicated for human burial purposes by plat recorded with the Register of Deeds in the county in which the land is located; and Whether the owner is prohibited or restricted by law or otherwise from selling, mortgaging, leasing or encumbering the same. For purposes of this section, the term "real property" includes land, tombs, vaults, monuments, and mausoleums, and the term "burial" includes entombment. History (1973, c. 695, s. 4; 1987, c. 724; 2018-113, s. 15.) Editor's Note. - Sessions Laws 2018-113, s. 16(a) is a severability clause. Effect of Amendments. - Session Laws 2018-113, s. 15, effective June 27, 2018, added the last two sentences in subsection (a). Legal Periodicals. - For article, "North Carolina's Nonprofit Property Tax Exemption Conundrum,” see 96 N.C.L. Rev. 1769 (2018).