House Bill 1610

AN ACT TO AMEND SECTION 27-35-143, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD OF SUPERVISORS OF A COUNTY, UPON APPLICATION OF A PROPERTY OWNER, OR BY THE ASSESSOR ON BEHALF OF SUCH PARTY, SHALL CANCEL OR DECREASE AN ASSESSMENT FOR AD VALOREM TAXES WHENEVER AT LEAST FIFTY PERCENT OF PROPERTY SUBJECT TO TAXATION HAS CEASED TO EXIST OR HAS BEEN DESTROYED OR THE PROPERTY HAS DEPRECIATED IN VALUE BY AT LEAST FIFTY PERCENT ON ACCOUNT OF FIRE, EXPLOSION, STORM, FLOOD, EARTHQUAKE, LIGHTNING OR OTHER INEVITABLE ACCIDENT OR ACT OF PROVIDENCE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 27-35-143, Mississippi Code of 1972, is amended as follows:

27-35-143. (1) Except as otherwise provided under subsection (2) of this section, the board of supervisors of each county shall have power, upon application of the party interested, or by the assessor on behalf of such party, or otherwise as prescribed in Sections 27-35-145 through 27-35-149, to change, cancel or decrease an assessment in the manner herein provided at any time after the assessment roll containing such assessment has been finally approved by the State Tax Commission, and prior to the last Monday in August next, under the following circumstances and no other:

(a) When the same property has been assessed more than once to one or more persons.

(b) When a clerical error has been made in transcribing the assessment from the tax list to the assessment roll, or from the assessment roll to the copies, or in amending the original assessment roll, in making the equalization of assessments, or in carrying out the instructions of the State Tax Commission.

(c) When an error in addition or multiplication has been made in the compilation of the tax list, roll or copy of the roll.

(d) When there is an assessment of property which never existed, or was not owned by or in the possession of the party to whom assessed, on the next preceding tax lien date.

(e) When the assessment is in the name of another than the owner of the property on the next preceding tax lien date.

(f) When the assessment is so indefinite as to give a vague or imperfect description of the property assessed.

(g) When the property assessed is nontaxable, or was not subject to taxation on the next preceding tax lien date.

(h) When the property is not liable to a special district tax levy for which it has been assessed.

(i) When the property, after the next preceding tax lien date, but before the payment of taxes due thereon, has ceased to exist, on account of death or destruction by fire, explosion, storm, flood, earthquake, lightning, or other inevitable accident or act of Providence; or has depreciated in value on account of any such accident or occurrence as the foregoing.

Provided, however, that where property has been insured the amount collected as insurance by reason of such loss shall be taken into account by the board in reducing the assessment, or refunding any tax payment thereon.

(j) When the assessment does not show the correct number of acres, actually in the property described, or the correct quantity of any property.

(k) When lands have been assessed and incorrectly classified; or when buildings and improvements have been assessed which were not on the land, at the preceding tax lien date; or where the buildings and improvements, at the preceding tax lien date, were exempt from assessment and taxation.

(l) When the property has been assessed for more than its actual value; but in such cases the board shall require proof, under oath, of such excessive assessment by two (2) or more competent witnesses who know of their own personal knowledge that the property is assessed for a higher sum than its true value.

(m) When the property has been assessed as subject to state taxes and is exempt; or when the property has been assessed as subject to county and district taxes and is exempt from such taxes.

(n) When buildings and improvements have been assessed with the land, but are owned by someone other than the owner of the land.

(2) The board of supervisors of a county, upon application of the party interested, or by the assessor on behalf of such party, shall cancel or decrease an assessment after the assessment roll containing such assessment has been finally approved by the State Tax Commission, and before the last Monday in August next, whenever at least fifty percent (50%) of the property subject to taxation has ceased to exist or has been destroyed or the property has depreciated in value by at least fifty percent (50%) under circumstances described under subsection (1)(i) of this section.

However, where the property has been insured the amount collected as insurance by reason of such loss shall be taken into account by the board in canceling or reducing the assessment or refunding any tax payment thereon.

SECTION 2. This act shall take effect and be in force from and after July 1, 2006.