§ 105-317. Appraisal of real property; adoption of schedules, standards, and rules. - North Carolina Statutes

Article19.

Administration of Realand Personal Property Appraisal.

§ 105‑317.  Appraisal ofreal property; adoption of schedules, standards, and rules.

(a)        Whenever any realproperty is appraised it shall be the duty of the persons making appraisals:

(1)        In determining thetrue value of land, to consider as to each tract, parcel, or lot separatelylisted at least its advantages and disadvantages as to location; zoning;quality of soil; waterpower; water privileges; dedication as a nature preserve;conservation or preservation agreements; mineral, quarry, or other valuabledeposits; fertility; adaptability for agricultural, timber‑producing,commercial, industrial, or other uses; past income; probable future income; andany other factors that may affect its value except growing crops of a seasonalor annual nature.

(2)        In determining thetrue value of a building or other improvement, to consider at least itslocation; type of construction; age; replacement cost; cost; adaptability forresidence, commercial, industrial, or other uses; past income; probable futureincome; and any other factors that may affect its value.

(3)        To appraisepartially completed buildings in accordance with the degree of completion onJanuary 1.

(b)        In preparation foreach revaluation of real property required by G.S. 105‑286, it shall bethe duty of the assessor to see that:

(1)        Uniform schedules ofvalues, standards, and rules to be used in appraising real property at its truevalue and at its present‑use value are prepared and are sufficientlydetailed to enable those making appraisals to adhere to them in appraising realproperty.

(2)        Repealed by SessionLaws 1981, c. 678, s. 1.

(3)        A separate propertyrecord be prepared for each tract, parcel, lot, or group of contiguous lots,which record shall show the information required for compliance with theprovisions of G.S. 105‑309 insofar as they deal with real property, aswell as that required by this section. (The purpose of this subdivision is torequire that individual property records be maintained in sufficient detail toenable property owners to ascertain the method, rules, and standards of valueby which property is appraised.)

(4)        The propertycharacteristics considered in appraising each lot, parcel, tract, building,structure and improvement, in accordance with the schedules of values,standards, and rules, be accurately recorded on the appropriate propertyrecord.

(5)        Upon the request ofthe owner, the board of equalization and review, or the board of countycommissioners, any particular lot, parcel, tract, building, structure orimprovement be actually visited and observed to verify the accuracy of propertycharacteristics on record for that property.

(6)        Each lot, parcel,tract, building, structure and improvement be separately appraised by acompetent appraiser, either one appointed under the provisions of G.S. 105‑296or one employed under the provisions of G.S. 105‑299.

(7)        Notice is given inwriting to the owner that he is entitled to have an actual visitation andobservation of his property to verify the accuracy of property characteristicson record for that property.

(c)        The values,standards, and rules required by subdivision (b)(1) shall be reviewed andapproved by the board of county commissioners before January 1 of the year theyare applied. The board of county commissioners may approve the schedules ofvalues, standards, and rules to be used in appraising real property at its truevalue and at its present‑use value either separately or simultaneously.Notice of the receipt and adoption by the board of county commissioners ofeither or both the true value and present‑use value schedules, standards,and rules, and notice of a property owner's right to comment on and contest theschedules, standards, and rules shall be given as follows:

(1)        The assessor shallsubmit the proposed schedules, standards, and rules to the board of countycommissioners not less than 21 days before the meeting at which they will beconsidered by the board. On the same day that they are submitted to the boardfor its consideration, the assessor shall file a copy of the proposedschedules, standards, and rules in his office where they shall remain availablefor public inspection.

(2)        Upon receipt of theproposed schedules, standards, and rules, the board of commissioners shallpublish a statement in a newspaper having general circulation in the countystating:

a.         That the proposedschedules, standards, and rules to be used in appraising real property in thecounty have been submitted to the board of county commissioners and areavailable for public inspection in the assessor's office; and

b.         The time and placeof a public hearing on the proposed schedules, standards, and rules that shallbe held by the board of county commissioners at least seven days beforeadopting the final schedules, standards, and rules.

(3)        When the board ofcounty commissioners approves the final schedules, standards, and rules, itshall issue an order adopting them. Notice of this order shall be publishedonce a week for four successive weeks in a newspaper having general circulationin the county, with the last publication being not less than seven days beforethe last day for challenging the validity of the schedules, standards, andrules by appeal to the Property Tax Commission. The notice shall state:

a.         That the schedules,standards, and rules to be used in the next scheduled reappraisal of realproperty in the county have been adopted and are open to examination in theoffice of the assessor; and

b.         That a propertyowner who asserts that the schedules, standards, and rules are invalid mayexcept to the order and appeal therefrom to the Property Tax Commission within30 days of the date when the notice of the order adopting the schedules,standards, and rules was first published.

(d)        Before the board ofcounty commissioners adopts the schedules of values, standards, and rules, theassessor may collect data needed to apply the schedules, standards, and rulesto each parcel in the county. (1939, c. 310, s. 501; 1959,c. 704, s. 4; 1967, c. 944; 1971, c. 806, s. 1; 1973, c. 476, s. 193; c. 695,s. 5; 1981, c. 224; c. 678, s. 1; 1985, c. 216, s. 2; c. 628, s. 4; 1987, c.45, s. 1; c. 295, s. 1; 1997‑226, s. 5.)