137.021. Grading of land for valuation, agricultural and horticultural land, factors to be considered--split-off, effect of. - Missouri Statutes

Grading of land for valuation, agricultural and horticultural land,factors to be considered--split-off, effect of.

137.021. 1. The assessor, in grading land which is devoted primarilyto the raising and harvesting of crops, to the feeding, breeding andmanagement of livestock, to dairying, or to any combination thereof, asdefined in section 137.016, pursuant to the provisions of sections 137.017to 137.021, shall in addition to the assessor's personal knowledge,judgment and experience, consider soil surveys, decreases in land valuationdue to natural disasters, level of flood protection, governmentalregulations limiting the use of such land, the estate held in such land,and other relevant information. On or before December thirty-first of eachodd-numbered year, the state tax commission shall promulgate by regulationand publish a value based on productive capability for each of the severalgrades of agricultural and horticultural land. If such rules are notdisapproved by the general assembly in the manner set out below, they shalltake effect on January first of the next odd-numbered year. Such valuesshall be based upon soil surveys, soil productivity indexes, productioncosts, crop yields, appropriate capitalization rates and any otherpertinent factors, all of which may be provided by the college ofagriculture of the University of Missouri, and shall be used by all countyassessors in conjunction with their land grades in determining assessedvalues. Any regulation promulgated pursuant to this subsection shall bedeemed to be beyond the scope and authority provided in this subsection ifthe general assembly, within the first sixty calendar days of the regularsession immediately following the promulgation of such regulation, byconcurrent resolution, shall disapprove the values contained in suchregulation. If the general assembly so disapproves any regulationpromulgated pursuant to this subsection, the state tax commission shallcontinue to use values set forth in the most recent preceding regulationpromulgated pursuant to this subsection.

2. When land that is agricultural and horticultural property, asdefined in section 137.016, and is being valued and assessed for generalproperty tax purposes pursuant to the provisions of sections 137.017 to137.021 becomes property other than agricultural and horticulturalproperty, as defined in section 137.016, it shall be reassessed as of thefollowing January first.

3. Separation or split-off of a part of the land which is beingvalued and assessed for general property tax purposes pursuant to theprovisions of sections 137.017 to 137.021, either by conveyance or otheraction of the owner of the land, so that such land is no longeragricultural and horticultural property, as defined in section 137.016,shall subject the land so separated to reassessment as of the followingJanuary first. This shall not impair the right of the remaining land tocontinuance of valuation and assessment for general property tax purposespursuant to the provisions of sections 137.017 to 137.021.

(L. 1975 S.B. 203 § 3, A.L. 1983 S.B. 63, et al., A.L. 1986 S.B. 476, A.L. 1989 H.B. 181 & 633, A.L. 1994 S.B. 633, A.L. 1997 H.B. 470 merged with S.B. 241)

(1999) Final order of rulemaking by State Tax Commission of regulation valuing agricultural and horticultural land could not be compelled through mandamus action. State ex rel. Missouri Growth Association v. State Tax Commission, 998 S.W.2d 786 (Mo.banc).