Tennessee § 67-5-1601 - General provisions — Administration — Costs — Penalty for failure to comply.

§ 67-5-1601. General provisions — Administration — Costs — Penalty for failure to comply.

Reappraisal shall be accomplished in each county by a continuous six-year cycle comprised of an on-site review or photo of each parcel of real property over a five-year period, or, upon approval of the state board of equalization, by a continuous four-year cycle comprised of an on-site review or photo of each parcel of real property over a three-year period, followed by revaluation of all such property in the year following completion of the review period. Alternatively, if approved by the assessor and adopted by a majority vote of the county legislative body, the reappraisal program may be completed by a continuous five-year cycle comprised of an on-site review or photo of each parcel of real property over a four-year period followed by revaluation of all such property in the year following completion of the review period. The board may consider a plan submitted by an assessor which would have the effect of maintaining real property values at full value as defined by law on a schedule at least as frequent as outlined in this section. In counties which have adopted a four-year or five-year reappraisal cycle, there shall be no updating or indexing of values as there is in counties with a six-year cycle. In the third year of a six-year reappraisal cycle, there shall be an updating of all real property values if the overall level of appraisal for the jurisdiction is less than ninety percent (90%) of fair market value. If the overall level of appraisal for the jurisdiction is greater than or equal to ninety percent (90%) of fair market value, any subclass of property not having a level of appraisal within ten percent (10%) of the overall level of appraisal for the jurisdiction shall be updated to the overall level of appraisal. Further, any group of property within a subclass not having a level of appraisal within ten percent (10%) of the level of appraisal for that subclass shall be updated to the level of appraisal for that subclass. If land market values of farm property in the county are not updated, land use values for land classified as agricultural, forest and open space pursuant to chapter 5, part 10 of this title will not be updated. When values are updated, the factors or appraisal table changes used to effect the update shall be as determined by the state board of equalization. The board may approve a reappraisal plan specifying a schedule for on-site review or photo that is different than the standard schedule provided in subdivision (a)(1), but is no longer than five (5) years, whether the frequency of revaluation is four (4), five (5), or six (6) years. The board shall consider a plan submitted by an assessor which would have the effect of maintaining real property values at full value as defined by law on a schedule at least as frequent as outlined in this subsection (a), and if the board finds the plan would achieve this effect, the plan shall be implemented in lieu of indexing. During the review cycle between revaluations, new improvements discovered by on-site review or photo or otherwise shall be valued on the same basis as similar improvements were valued during the last revaluation or otherwise as necessary to achieve equalization of such values, subject to application of periodic value indexes established by the board. The assessor of property shall maintain a program of real property sales verification in accordance with procedures and rules established by the state board of equalization. The assessor of property shall maintain documentation of the reason for rejection of any sale rejected by the assessor for use in analyzing appraisals. Photo review of parcels as part of reappraisal is permitted only in compliance with rules adopted by the state board of equalization. [Deleted by 2018 amendment.] Subject to funding, the state shall pay a per-parcel grant to local governments to assist in the cost of reappraisal. The grant shall be determined by the division of property assessments and approved by the board. Such funds shall be expended solely for the purpose for which the grant was made. The state grant for any county in a four-year or five-year reappraisal program shall be limited to the amount, as determined by the division of property assessments, which would have been paid to the county had it remained on a six-year reappraisal program. In the absence of any agreement between the county and the cities thereof imposing a property tax, local costs of reappraisal of properties within a city shall be paid one-half (½) by the county and one-half (½) by the city. Any city paying one-half (½) of local costs of reappraisal pursuant to this section shall pay those costs directly to the county government with jurisdiction over the property being reappraised, and shall pay those costs during the fiscal year in which the reappraisal is finalized. The assessor of property shall submit such plans and reports for reappraisal as the board shall require. The board, with the assistance of the division of property assessments, has the power to approve, modify or disapprove any proposed plan submitted by the assessor of property, including the power to specify or approve any proposed computer assisted appraisal system pursuant to minimum standards which the board shall adopt in considering a proposed system. All work is subject to the supervision and approval of the director of property assessments. The division shall supervise and direct all reappraisals and revaluation programs, to the cost of which the state of Tennessee contributes. Where the on-site review is undertaken by the county assessor of property and the county assessor's staff or a professional firm is employed to carry out this work, the division shall monitor the on-site review conducted by the county or the professional firm. The assessor of property of each county shall prepare a plan for carrying out the requirements of this section and §§ 67-5-1602 — 67-5-1604, in the assessor's taxing jurisdiction, such plan to be submitted to the county mayor and the county legislative body for review in such form, manner and time as shall be determined by the board. At such time as shall be determined by the board, the assessor shall submit the plan and any pertinent resolution of the county legislative body stating its approval or disapproval to the board for the board's approval or other action. Prior to the execution of any contract for reappraisal, the county legislative body shall make appropriate arrangements to finance such contract. Whenever the classification or assessed value of property is changed as a result of reappraisal, the property owner shall be entitled to notice of such change as otherwise provided by law at least ten (10) calendar days before the local board of equalization commences its annual session and, in addition, shall be given the opportunity to appear at an informal hearing on a day or days scheduled for such hearings. Written notice of any action taken as a result of such hearings shall be sent at least ten (10) days prior to the county board adjournment. Upon a finding by the division that the assessor of property or the county is unable or unwilling to comply with the requirements under this part, including submission of any necessary plan of compliance required by the board, the director of the division shall report such finding to the board. The board shall notify the assessor of property and the county mayor of the nature of the noncompliance and shall indicate the action required to correct such noncompliance. Failure on the part of the assessor or the county to comply within forty-five (45) days of such notification shall result in the withholding of any or all of the state grant for reappraisal scheduled to be received by the county according to this part until such deficiency is corrected. If satisfactory action is not taken by the assessor or the county to correct the noncompliance within forty-five (45) days from the date that funds are withheld, the board shall direct the division, and the division shall thereupon be authorized to take such steps as are necessary to ensure compliance with the requirements of this part, and the county found in noncompliance shall reimburse the state for all costs incurred by the state pursuant to this action. If such costs are not reimbursed to the state within ninety (90) days of the date of an invoice for such costs, the state may recover its costs through the deduction of such costs from any state-shared taxes as identified in § 4-31-105, otherwise due the county. The initial schedule of review and revaluation under this section shall be as determined by the board. The board may specify a four-, five- or six-year cycle for the initial scheduling of review and revaluation under this section; provided, that approval of the county legislative body shall be required to move a mid-cycle updating of values from an existing reappraisal plan, and any revised plan longer than five (5) years shall include a mid-cycle updating of values pursuant to subsection (a). There shall also be an updating of the localized and nonoperating real property of public utilities and modern market telecommunications providers in each county, and such must be accomplished in the same year as other locally assessed properties. All assessing and updating of operating properties of public utility companies and modern market telecommunications providers must be done by the comptroller of the treasury in accordance with part 13 of this chapter. All expenses for assessing and updating of operating properties of public utilities and modern market telecommunications providers must be paid by the comptroller of the treasury. As part of any reappraisal program conducted pursuant to this part, the assessor of property of each county shall identify all cemeteries having historic value as determined by the county historian and the cemetery advisory committee. Every cemetery having one (1) or more tombstones shall be indicated on the tax maps by an appropriate symbol prescribed by the state board of equalization. Any cemetery which is not less than one fourth (¼) of an acre shall be identified as a separate parcel and contain the appropriate symbol. Acts 1980, ch. 820, § 1; 1982, ch. 757, § 1; T.C.A., § 67-680; Acts 1984, ch. 764, § 3; 1986, ch. 714, §§ 1-4; 1988, ch. 883, §§ 1, 2; 1989, ch. 495, §§ 1, 2, 8; 1992, ch. 752, §§ 1-3; 1993, ch. 328, §§ 1, 2; 1994, ch. 701, § 1; 1995, ch. 305, § 128; 1997, ch. 318, §§ 1-8; 2003, ch. 7, § 1; 2003, ch. 90, § 2; 2013, ch. 209, §§ 15, 16; 2014, ch. 938, § 4; 2017, ch. 490, § 8; 2018, ch. 526, § 1. Code Commission Notes. The former second sentence of subsection (g), concerning implementation of the provisions of this section for tax year 1997, was deleted as obsolete by authority of the code commission in 2006. Compiler's Notes. Acts 1995, ch. 305, § 47 provided: “(a) Notwithstanding any provision of law to the contrary, upon the effective date of this section [May 26, 1995], all employees of the public service commission charged with the responsibility of regulating and enforcing the provisions of Tennessee Code Annotated, Title 67, assigned by provisions of this act to the office of the comptroller and any other employees of the public service commission necessary to assist in such regulating and enforcing, shall be transferred to the comptroller of the treasury. “(b) All reports, documents, surveys, books, records, papers or other writings in the possession of the public service commission with respect to administering such provisions assigned to the office of the comptroller of the treasury by this act, shall be transferred to and remain in the custody of the comptroller. “(c) All leases, contracts and all contract rights, and responsibilities in existence with the public service commission with respect to the duties transferred by this section shall be preserved and transferred to the office of the comptroller of the treasury. “(d) All assets, liabilities and obligations of the public service commission with respect to the duties transferred by this section shall become the assets, liabilities and obligations of the office of the comptroller of the treasury. “(e) Any revenues from rates, fares, charges, fines, and other moneys received pursuant to Tennessee Code Annotated, Title 65, and assigned to the office of the comptroller by this act shall be allocated to the office of the comptroller of the treasury to implement the provisions of this act. “(f) The comptroller shall promulgate rules and regulations pursuant to Title 4, Chapter 5, to effectuate the purposes of this act.” Acts 2003, ch. 7, § 1 amended subdivision (a)(1) effective March 28, 2003. Acts 2003, ch. 7, § 2 provided that the provisions of the act shall be void after December 31, 2003. Prior to March 28, 2003, and following December 31, 2003, subdivision (a)(1) reads as set out above; however, from March 28, 2003, through December 31, 2003, subdivision (a)(1) had a sentence added to the end of the subdivision which read: “Notwithstanding other provisions of this section to the contrary, the board may extend a county's reappraisal cycle beyond six (6) years in order to synchronize the county's cycle with a contiguous county's reappraisal cycle, if a city lies in part in each county and the city contains property of the federal government for which payments in lieu of taxes are being made.” Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated. Acts 2017, ch. 490, § 15 provided that the act, which amended this section, shall apply to all tax periods beginning on or after January 1, 2017. Amendments. The 2018 amendment deleted former (b) which read: “Any city lying in more than one (1) county shall be reappraised under a separate plan of reappraisal on a cycle determined by the board. The reappraisal shall be accomplished under contract with the state division of property assessments unless the city has established an assessment office separate from the county in which it lies.” Effective Dates. Acts 2018, ch. 526, § 2. March 7, 2018. Attorney General Opinions. Applicability to Blount County's 1993 tax assessment, OAG 94-002 (1/4/94). Extension of time for reappraisal program, OAG 97-002 (1/9/97). After Public Chapter 490 becomes effective, the Comptroller of the Treasury will continue to be responsible for reappraising the properties of modern market telecommunications providers. The reappraisal schedule for the telecommunications providers’ properties will remain the same. Their localized and nonoperating real property will be updated in each county during that county’s reappraisal year. Their operating properties will be assessed and updated annually. AG LEXIS 34 (7/26/2017). Under T.C.A. § 67-5-1601(c)(2) , a city generally is required to pay one half of the local costs of reappraisal of properties within the city. The city and county may agree on a different amount, but the city may not unilaterally choose to pay a lesser amount. Furthermore, the county assessor may not agree to withhold the tax rolls from a city, even if the city has not paid one half of the reappraisal costs of properties within the city as required by T.C.A. § 67-5-1601(c)(2) . OAG 17-50, 2017 Tenn. AG LEXIS 50 (11/15/2017).