2010 Indiana Code
TITLE 6. TAXATION
ARTICLE 1.1. PROPERTY TAXES
CHAPTER 4. PROCEDURES FOR REAL PROPERTY ASSESSMENT
IC 6-1.1-4
Chapter 4. Procedures for Real Property Assessment
IC 6-1.1-4-1
Place of assessment; person liable
Sec. 1. Real property shall be assessed at the place where it is
situated, and it shall be assessed to the person liable for the taxes
under IC 1971, 6-1.1-2-4.
(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-4-2
Assessment of property held by fiduciary
Sec. 2. Real property which is controlled by an executor,
administrator, guardian, trustee, or receiver shall be assessed to the
executor, administrator, guardian, trustee, or receiver.
(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-4-3
Heirs or devisees; assessment
Sec. 3. (a) The undivided real property of a deceased person
which is not under the control of an executor or administrator may
be assessed to the decedent's heirs or devisees without designating
the heirs or devisees by name. The real property may be assessed in
this manner until notice of:
(1) the division of the property;
(2) the names of the heirs or devisees; and
(3) the portion of the property belonging to each heir or devisee;
is given to the auditor of the county or counties in which the real
property is situated.
(b) Each heir or devisee is liable for the total taxes imposed on the
undivided real property of a decedent. If an heir or devisee pays the
total taxes, he may recover from each other heir or devisee:
(1) the other heir's or devisee's share of the total taxes; and
(2) interest on the amount referred to in clause (1) of this
subsection.
In addition, the heir or devisee who pays the taxes acquires the
lien for the taxes paid on the property interest of the other heirs or
devisees.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1977,
P.L.2, SEC.5.
IC 6-1.1-4-4
Schedule of general reassessment of real property; notice to
assessing officials; assessed value based on estimated true tax value
Sec. 4. (a) A general reassessment, involving a physical inspection
of all real property in Indiana, shall begin July 1, 2010, and each fifth
year thereafter. Each reassessment under this subsection:
(1) shall be completed on or before March 1 of the year that
succeeds by two (2) years the year in which the general
reassessment begins; and
(2) shall be the basis for taxes payable in the year following the
year in which the general assessment is to be completed.
(b) In order to ensure that assessing officials are prepared for a
general reassessment of real property, the department of local
government finance shall give adequate advance notice of the general
reassessment to the assessing officials of each county.
(c) For a general reassessment that begins on or after July 1, 2010,
the assessed value of real property shall be based on the estimated
true tax value of the property on the assessment date that is the basis
for taxes payable in the year following the year in which the general
reassessment is to be completed.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1978,
P.L.32, SEC.4; Acts 1980, P.L.36, SEC.1; P.L.62-1983, SEC.1;
P.L.332-1989(ss), SEC.3; P.L.6-1997, SEC.13; P.L.198-2001,
SEC.7; P.L.90-2002, SEC.30; P.L.245-2003, SEC.3; P.L.228-2005,
SEC.3; P.L.146-2008, SEC.64; P.L.136-2009, SEC.1;
P.L.182-2009(ss), SEC.85.
IC 6-1.1-4-4.4
Documentation of change in assessment method; burden of proof
of validity of change
Sec. 4.4. (a) This section applies to an assessment under section
4 or 4.5 of this chapter or another law.
(b) If the assessor changes the underlying parcel characteristics,
including age, grade, or condition, of a property, from the previous
year's assessment date, the assessor shall document:
(1) each change; and
(2) the reason that each change was made.
In any appeal of the assessment, the assessor has the burden of
proving that each change was valid.
As added by P.L.113-2010, SEC.13.
IC 6-1.1-4-4.5
Annual adjustment of assessed value of real property; state review
and certification; base rate methodology; adjustment in assessed
value based on estimated true tax value
Sec. 4.5. (a) The department of local government finance shall
adopt rules establishing a system for annually adjusting the assessed
value of real property to account for changes in value in those years
since a general reassessment of property last took effect.
(b) Subject to subsection (e), the system must be applied to adjust
assessed values beginning with the 2006 assessment date and each
year thereafter that is not a year in which a reassessment becomes
effective.
(c) The rules adopted under subsection (a) must include the
following characteristics in the system:
(1) Promote uniform and equal assessment of real property
within and across classifications.
(2) Require that assessing officials:
(A) reevaluate the factors that affect value;
(B) express the interactions of those factors mathematically;
(C) use mass appraisal techniques to estimate updated
property values within statistical measures of accuracy; and
(D) provide notice to taxpayers of an assessment increase
that results from the application of annual adjustments.
(3) Prescribe procedures that permit the application of the
adjustment percentages in an efficient manner by assessing
officials.
(d) The department of local government finance must review and
certify each annual adjustment determined under this section.
(e) In making the annual determination of the base rate to satisfy
the requirement for an annual adjustment under subsection (c) for
current property taxes first due and payable in 2011 and thereafter,
the department of local government finance shall determine the base
rate using the methodology reflected in Table 2-18 of Book 1,
Chapter 2 of the department of local government finance's Real
Property Assessment Guidelines (as in effect on January 1, 2005),
except that the department shall adjust the methodology to:
(1) use a six (6) year rolling average adjusted under subdivision
(2) instead of a four (4) year rolling average; and
(2) eliminate in the calculation of the rolling average the year
among the six (6) years for which the highest market value in
use of agricultural land is determined.
(f) For assessment dates after December 31, 2009, an adjustment
in the assessed value of real property under this section shall be
based on the estimated true tax value of the property on the
assessment date that is the basis for taxes payable on that real
property.
As added by P.L.198-2001, SEC.8. Amended by P.L.245-2003,
SEC.4; P.L.228-2005, SEC.4; P.L.136-2009, SEC.2; P.L.112-2010,
SEC.1.
IC 6-1.1-4-4.6
Department of local government finance setting of annual
adjustment factors if county assessor fails to set; equalization of
factors; notice and hearing; applicability
Sec. 4.6. (a) If a county assessor fails before July 2 of a particular
year for which an adjustment to the assessed value of real property
applies under section 4.5 of this chapter to prepare and deliver to the
county auditor a complete detailed list of all of the real property
listed for taxation in the county as required by IC 6-1.1-5-14 and at
least one hundred eighty (180) days have elapsed after the July 1
deadline specified in IC 6-1.1-5-14 for delivering the list, the
department of local government finance may develop annual
adjustment factors under this section for that year. In developing
annual adjustment factors under this section, the department of local
government finance shall use data in its possession that is obtained
from:
(1) the county assessor; or
(2) any of the sources listed in the rule, including county or
state sales data, government studies, ratio studies, cost and
depreciation tables, and other market analyses.
(b) Using the data described in subsection (a), the department of
local government finance shall propose to establish annual
adjustment factors for the affected tax districts for one (1) or more
of the classes of real property. The proposal may provide for the
equalization of annual adjustment factors in the affected township or
county and in adjacent areas. The department of local government
finance shall issue notice and provide opportunity for hearing in
accordance with IC 6-1.1-14-4 and IC 6-1.1-14-9, as applicable,
before issuing final annual adjustment factors.
(c) The annual adjustment factors finally determined by the
department of local government finance after the hearing required
under subsection (b) apply to the annual adjustment of real property
under section 4.5 of this chapter for:
(1) the assessment date; and
(2) the real property;
specified in the final determination of the department of local
government finance.
As added by P.L.182-2009(ss), SEC.86. Amended by P.L.113-2010,
SEC.14.
IC 6-1.1-4-4.7
Training of assessors and county auditors in sales disclosure form
verification
Sec. 4.7. The department of local government finance shall
provide training to township assessors, county assessors, and county
auditors with respect to the verification of sales disclosure forms
under 50 IAC 21-3-2.
As added by P.L.228-2005, SEC.5. Amended by P.L.146-2008,
SEC.65.
IC 6-1.1-4-5 Version a
Petition for reassessment
Note: This version of section effective until 1-1-2011. See also
following version of this section, effective 1-1-2011.
Sec. 5. (a) A petition for the reassessment of real property situated
within a township may be filed with the department of local
government finance on or before March 31st of any year which is not
a general election year and in which no general reassessment of real
property is made.
(b) The petition for reassessment must be signed by not less than
the following percentage of all the owners of taxable real property
who reside in the township:
(1) fifteen percent (15%) for a township which does not contain
an incorporated city or town;
(2) five percent (5%) for a township containing all or part of an
incorporated city or town which has a population of five
thousand (5,000) or less;
(3) four percent (4%) for a township containing all or part of an
incorporated city which has a population of more than five
thousand (5,000) but not exceeding ten thousand (10,000);
(4) three percent (3%) for a township containing all or part of
an incorporated city which has a population of more than ten
thousand (10,000) but not exceeding fifty thousand (50,000);
(5) two percent (2%) for a township containing all or part of an
incorporated city which has a population of more than fifty
thousand (50,000) but not exceeding one hundred fifty thousand
(150,000); or
(6) one percent (1%) for a township containing all or part of an
incorporated city which has a population of more than one
hundred fifty thousand (150,000).
The signatures on the petition must be verified by the oath of one (1)
or more of the signers. And, a certificate of the county auditor stating
that the signers constitute the required number of resident owners of
taxable real property of the township must accompany the petition.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.2-1995,
SEC.20; P.L.90-2002, SEC.31.
IC 6-1.1-4-5 Version b
Petition for reassessment
Note: This version of section effective 1-1-2011. See also
preceding version of this section, effective until 1-1-2011.
Sec. 5. (a) A petition for the reassessment of a real property
situated within a township may be filed with the department of local
government finance on or before March 31st of any year which is not
a general election year and in which no general reassessment of real
property is made. A petition for reassessment of real property applies
only to the most recent real property assessment date.
(b) The petition for reassessment must be signed by not less than
the following percentage of all the owners of taxable real property
who reside in the township:
(1) fifteen percent (15%) for a township which does not contain
an incorporated city or town;
(2) five percent (5%) for a township containing all or part of an
incorporated city or town which has a population of five
thousand (5,000) or less;
(3) four percent (4%) for a township containing all or part of an
incorporated city which has a population of more than five
thousand (5,000) but not exceeding ten thousand (10,000);
(4) three percent (3%) for a township containing all or part of
an incorporated city which has a population of more than ten
thousand (10,000) but not exceeding fifty thousand (50,000);
(5) two percent (2%) for a township containing all or part of an
incorporated city which has a population of more than fifty
thousand (50,000) but not exceeding one hundred fifty thousand
(150,000); or
(6) one percent (1%) for a township containing all or part of an
incorporated city which has a population of more than one
hundred fifty thousand (150,000).
The signatures on the petition must be verified by the oath of one (1)
or more of the signers. A certificate of the county auditor stating that
the signers constitute the required number of resident owners of
taxable real property of the township must accompany the petition.
(c) Upon receipt of a petition under subsection (a), the department
of local government finance may order a reassessment under section
9 of this chapter or conduct a reassessment under section 31.5 of this
chapter.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.2-1995,
SEC.20; P.L.90-2002, SEC.31; P.L.113-2010, SEC.15.
IC 6-1.1-4-6
Reassessment order
Sec. 6. If the department of local government finance determines
that a petition filed under section 5 of this chapter has been signed by
the required number of petitioners and that the present assessed value
of any real property is inequitable, the department of local
government finance shall order a reassessment of the real property
which has been inequitably assessed. The order shall specify the time
within which the reassessment shall be completed and the date on
which the reassessment shall become effective.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.90-2002,
SEC.32.
IC 6-1.1-4-7
Repealed
(Repealed by P.L.41-1993, SEC.54.)
IC 6-1.1-4-8
Repealed
(Repealed by P.L.41-1993, SEC.54.)
Revisor's Note: The repeal of IC 6-1.1-4-8 appearing in the 1993
Edition of the Indiana Code was printed incorrectly. Use this version
of repeal of IC 6-1.1-4-8, effective 1-1-94.
IC 6-1.1-4-9
Reassessment resolution of department of local government
finance; hearing; reassessment order
Sec. 9. In order to maintain a just and equitable valuation of real
property, the department of local government finance may adopt a
resolution declaring its belief that it is necessary to reassess all or a
portion of the real property located within this state. If the
department of local government finance adopts a reassessment
resolution and if either a township or a larger area is involved, the
department shall hold a hearing concerning the necessity for the
reassessment at the courthouse of the county in which the property
is located. The department of local government finance shall give
notice of the time and place of the hearing in the manner provided in
section 10 of this chapter. After the hearing, or if the area involved
is less than a township, after the adoption of the resolution of the
department of local government finance, the department may order
any reassessment it deems necessary. The order shall specify the time
within which the reassessment must be completed and the date the
reassessment will become effective.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.90-2002,
SEC.33.
IC 6-1.1-4-10
Notice of reassessments; publication
Sec. 10. A notice required by section 9 of this chapter shall be
given at least ten (10) days before the hearing by publication one (1)
time in each of two (2) newspapers of general circulation which:
(1) represent different political parties; and
(2) are published in the county in which the property that may
be reassessed is located.
However, if two (2) such newspapers are not published in the county,
publication of the notice in one (1) newspaper of general circulation
published in the county is sufficient.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.2-1995,
SEC.21.
IC 6-1.1-4-11
Destroyed property; order of reassessment by county assessor
Sec. 11. (a) If a substantial amount of real and personal property
in a township has been partially or totally destroyed as a result of a
disaster, the county assessor shall:
(1) cause a survey to be made of the area or areas in which the
property has been destroyed; and
(2) order a reassessment of the destroyed property;
if a person petitions the county assessor to take that action. The
county assessor shall specify in the assessor's order the time within
which the reassessment must be completed and the date on which the
reassessment will become effective. However, the reassessed value
and the corresponding adjustment of tax due, past due, or already
paid is effective as of the date the disaster occurred, without penalty.
(b) The petition for reassessment of destroyed property, the
reassessment order, and the tax adjustment order may not be made
after December 31st of the year in which the taxes which would first
be affected by the reassessment are payable.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.2-1995,
SEC.22; P.L.90-2002, SEC.34; P.L.219-2007, SEC.12.
IC 6-1.1-4-11.5
Reassessment of parcels affected by flooding; petition; applicable
dates; refund; publication of notice
Sec. 11.5. (a) This section applies to one (1) or more parcels of
real property in a county that:
(1) are permanently flooded or to which access over land is
permanently prevented by flooding; and
(2) are not being used for agricultural purposes.
(b) The owner of one (1) or more parcels referred to in subsection
(a) may petition the county assessor for a reassessment of the parcel
or parcels. Upon receipt of the petition, the county assessor shall:
(1) cause a survey to be made of the parcel or parcels; and
(2) if the parcel or parcels meet the description of subsection
(a), order a reassessment of the parcel or parcels.
(c) If the flooding referred to in subsection (a) occurs before May
11 of a calendar year (the "current year") and after the immediately
preceding November 10 and a petition under subsection (b) is filed
not later than December 31 of the current year:
(1) the reassessment ordered under subsection (b):
(A) takes effect for:
(i) the assessment date in the current year; and
(ii) the assessment date in the calendar year that
immediately precedes the current year; and
(B) treats the parcel or parcels for those assessment dates as:
(i) being permanently flooded; or
(ii) having overland access permanently prevented by
flooding;
(2) the property taxes first due and payable in the current year
with respect to the parcel or parcels are determined based on the
reassessment; and
(3) the property taxes first due and payable in the calendar year
that immediately succeeds the current year with respect to the
parcel or parcels are determined based on the reassessment.
(d) If the flooding referred to in subsection (a) occurs after May
10 of the current year and before November 11 of the current year
and the petition under subsection (b) is filed not later than December
31 of the current year:
(1) subsection (c)(1) and (c)(3) apply; and
(2) only:
(A) the second installment of property taxes under
IC 6-1.1-22-9(a) first due and payable in the current year
with respect to the parcel or parcels; or
(B) if property taxes are payable by a method other than two
(2) annual installments, one-half (1/2) of the property tax
liability for property taxes first due and payable in the
current year with respect to the parcel or parcels;
is determined based on the reassessment.
(e) This subsection applies only if:
(1) the county assessor orders a reassessment under subsection
(b); and
(2) the property owner pays property taxes in the current year
with respect to the parcel or parcels based on the assessment
that applied before the ordered reassessment.
The property owner is entitled to a refund of property taxes based on
the difference in the amount of property taxes paid and the amount
of property taxes determined based on the ordered reassessment. A
property owner is not required to apply for a refund due under this
section. The county auditor shall, without an appropriation being
required, issue a warrant to the property owner payable from the
county general fund for the amount of the refund, if any, due the
property owner.
(f) If:
(1) the county assessor orders a reassessment under subsection
(b); and
(2) when the reassessment is completed the property owner has
not paid property taxes in the current year with respect to the
parcel or parcels based on the assessment that applied before
the ordered reassessment;
the county treasurer shall issue to the property owner tax statements
that reflect property taxes determined based on the reassessment.
(g) The county assessor shall specify in an order under subsection
(b) the time within which the reassessment must be completed and
the date on which the reassessment takes effect.
(h) A reassessment under this section for an assessment date
continues to apply for subsequent assessment dates until the assessor:
(1) determines that circumstances have changed sufficiently to
warrant another reassessment of the property; and
(2) reassesses the property based on the determination under
subdivision (1).
(i) The county auditor and county treasurer shall publish notice of
the availability of a reassessment under this section in accordance
with IC 5-3-1.
As added by P.L.90-2009, SEC.1.
IC 6-1.1-4-12
Circumstances under which undeveloped land may be reassessed
Sec. 12. (a) As used in this section, "land developer" means a
person that holds land for sale in the ordinary course of the person's
trade or business.
(b) As used in this section, "land in inventory" means:
(1) a lot; or
(2) a tract that has not been subdivided into lots;
to which a land developer holds title in the ordinary course of the
land developer's trade or business.
(c) As used in this section, "title" refers to legal or equitable title,
including the interest of a contract purchaser.
(d) Except as provided in subsections (h) and (i), if:
(1) land assessed on an acreage basis is subdivided into lots; or
(2) land is rezoned for, or put to, a different use;
the land shall be reassessed on the basis of its new classification.
(e) If improvements are added to real property, the improvements
shall be assessed.
(f) An assessment or reassessment made under this section is
effective on the next assessment date.
(g) No petition to the department of local government finance is
necessary with respect to an assessment or reassessment made under
this section.
(h) Subject to subsection (i), land in inventory may not be
reassessed until the next assessment date following the earliest of:
(1) the date on which title to the land is transferred by:
(A) the land developer; or
(B) a successor land developer that acquires title to the land;
to a person that is not a land developer;
(2) the date on which construction of a structure begins on the
land; or
(3) the date on which a building permit is issued for
construction of a building or structure on the land.
(i) Subsection (h) applies regardless of whether the land in
inventory is rezoned while a land developer holds title to the land.
(Formerly: Acts 1975, P.L.47, SEC.1; Acts 1975, P.L.49, SEC.1.) As
amended by P.L.90-2002, SEC.35; P.L.154-2006, SEC.1.
IC 6-1.1-4-12.4
"Oil or gas interest" defined; assessment
Sec. 12.4. (a) For purposes of this section, the term "oil or gas
interest" includes but is not limited to:
(1) royalties;
(2) overriding royalties;
(3) mineral rights; or
(4) working interest;
in any oil or gas located on or beneath the surface of land which lies
within this state.
(b) Oil or gas interest is subject to assessment and taxation as real
property. Notwithstanding section 4 of this chapter, each oil or gas
interest shall be assessed annually by the assessor of the township in
which the oil or gas is located, or the county assessor if there is no
township assessor for the township. The township or county assessor
shall assess the oil or gas interest to the person who owns or operates
the interest.
(c) A piece of equipment is an appurtenance to land if it is
incident to and necessary for the production of oil and gas from the
land covered by the oil or gas interest. This equipment includes but
is not limited to wells, pumping units, lines, treaters, separators,
tanks, and secondary recovery facilities. These appurtenances are
subject to assessment as real property. Notwithstanding section 4 of
this chapter, each of these appurtenances shall be assessed annually
by the assessor of the township in which the appurtenance is located,
or the county assessor if there is no township assessor for the
township. The township or county assessor shall assess the
appurtenance to the person who owns or operates the working
interest in the oil or gas interest.
(Formerly: Acts 1975, P.L.48, SEC.2.) As amended by P.L.146-2008,
SEC.66.
IC 6-1.1-4-12.5
Repealed
(Repealed by P.L.198-2001, SEC.122.)
IC 6-1.1-4-12.6
Assessed value of oil or gas interests
Sec. 12.6. (a) For purposes of this section, the term "secondary
recovery method" includes but is not limited to the stimulation of oil
production by means of the injection of water, steam, hydrocarbons,
or chemicals, or by means of in situ combustion.
(b) The total assessed value of all interests in the oil located on or
beneath the surface of a particular tract of land equals the product of:
(1) the average daily production of the oil; multiplied by
(2) three hundred sixty-five (365); and multiplied by
(3) the posted price of oil on the assessment date.
However, if the oil is being extracted by use of a secondary recovery
method, the total assessed value of all interests in the oil equals
one-half (1/2) the assessed value computed under the formula
prescribed in this subsection. The appropriate township assessor (if
any), or the county assessor if there is no township assessor for the
township, shall, in the manner prescribed by the department of local
government finance, apportion the total assessed value of all interests
in the oil among the owners of those interests.
(c) The appropriate township assessor, or the county assessor if
there is no township assessor for the township, shall, in the manner
prescribed by the department of local government finance, determine
and apportion the total assessed value of all interests in the gas
located beneath the surface of a particular tract of land.
(d) The department of local government finance shall prescribe a
schedule for township and county assessors to use in assessing the
appurtenances described in section 12.4(c) of this chapter.
As added by P.L.198-2001, SEC.10. Amended by P.L.146-2008,
SEC.67.
IC 6-1.1-4-13
Agricultural land; assessment
Sec. 13. (a) In assessing or reassessing land, the land shall be
assessed as agricultural land only when it is devoted to agricultural
use.
(b) The department of local government finance shall give written
notice to each county assessor of:
(1) the availability of the United States Department of
Agriculture's soil survey data; and
(2) the appropriate soil productivity factor for each type or
classification of soil shown on the United States Department of
Agriculture's soil survey map.
All assessing officials and the property tax assessment board of
appeals shall use the data in determining the true tax value of
agricultural land.
(c) The department of local government finance shall by rule
provide for the method for determining the true tax value of each
parcel of agricultural land.
(d) This section does not apply to land purchased for industrial,
commercial, or residential uses.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.63-1983,
SEC.1; P.L.24-1986, SEC.6; P.L.75-1987, SEC.1; P.L.6-1997,
SEC.14; P.L.90-2002, SEC.36; P.L.178-2002, SEC.5.
IC 6-1.1-4-13.5
Repealed
(Repealed by P.L.84-1995, SEC.6.)
IC 6-1.1-4-13.6 Version a
P.L.146-2008, SEC.68; P.L.136-2009, SEC.3.
Submission of values to county property tax assessment board of
appeals; review
Note: This version of section effective until 1-1-2011. See also
following version of this section, effective 1-1-2011.
Sec. 13.6. (a) The township assessor, or the county assessor if
there is no township assessor for the township, shall determine the
values of all classes of commercial, industrial, and residential land
(including farm homesites) in the township or county using
guidelines determined by the department of local government
finance. Not later than November 1 of the year preceding the year in
which a general reassessment becomes effective, the assessor
determining the values of land shall submit the values to the county
property tax assessment board of appeals. Not later than March 1 of
the year in which a general reassessment becomes effective, the
county property tax assessment board of appeals shall hold a public
hearing in the county concerning those values. The property tax
assessment board of appeals shall give notice of the hearing in
accordance with IC 5-3-1.
(b) The county property tax assessment board of appeals shall
review the values submitted under subsection (a) and may make any
modifications it considers necessary to provide uniformity and
equality. The county property tax assessment board of appeals shall
coordinate the valuation of property adjacent to the boundaries of the
county with the county property tax assessment boards of appeals of
the adjacent counties using the procedures adopted by rule under
IC 4-22-2 by the department of local government finance. If the
county assessor fails to submit land values under subsection (a) to
the county property tax assessment board of appeals before
November 1 of the year before the date the general reassessment
under section 4 of this chapter becomes effective, the county
property tax assessment board of appeals shall determine the values.
If the county property tax assessment board of appeals fails to
determine the values before the general reassessment becomes
effective, the department of local government finance shall determine
the values.
(c) The county assessor shall notify all township assessors in the
county (if any) of the values as modified by the county property tax
assessment board of appeals. Assessing officials shall use the values
determined under this section.
As added by P.L.24-1986, SEC.9. Amended by P.L.74-1987, SEC.2;
P.L.41-1993, SEC.5; P.L.6-1997, SEC.15; P.L.90-2002, SEC.37;
IC 6-1.1-4-13.6 Version b
Review of land values
Note: This version of section effective 1-1-2011. See also
preceding version of this section, effective until 1-1-2011.
Sec. 13.6. (a) The county assessor shall determine the values of all
classes of commercial, industrial, and residential land (including
farm homesites) in the county using guidelines determined by the
department of local government finance. Not later than July 1, 2011,
and every fourth year thereafter, the assessor determining the values
of land shall submit the values to the county property tax assessment
board of appeals.
(b) If the county assessor fails to determine land values under
subsection (a) before the July 1 deadline, the county property tax
assessment board of appeals shall determine the values. If the county
property tax assessment board of appeals fails to determine the
values before the land values become effective, the department of
local government finance shall determine the values.
(c) The county assessor shall notify all township assessors in the
county (if any) of the values. Assessing officials shall use the values
determined under this section.
(d) A petition for the review of the land values determined by a
county assessor under this section may be filed with the department
of local government finance not later than forty-five (45) days after
the county assessor makes the determination of the land values. The
petition must be signed by at least the lesser of:
(1) one hundred (100) property owners in the county; or
(2) five percent (5%) of the property owners in the county.
(e) Upon receipt of a petition for review under subsection (d), the
department of local government finance:
(1) shall review the land values determined by the county
assessor; and
(2) after a public hearing, shall:
(A) approve;
(B) modify; or
(C) disapprove;
the land values.
As added by P.L.24-1986, SEC.9. Amended by P.L.74-1987, SEC.2;
P.L.41-1993, SEC.5; P.L.6-1997, SEC.15; P.L.90-2002, SEC.37;
P.L.146-2008, SEC.68; P.L.136-2009, SEC.3; P.L.113-2010,
SEC.16.
IC 6-1.1-4-13.8
Repealed
(Repealed by P.L.146-2008, SEC.802.)
IC 6-1.1-4-14
Adjacent property holders; assessment or exemption of various
rights-of-way
Sec. 14. (a) Except as provided in subsection (b) of this section,
land may not be assessed to an adjacent property holder if it:
(1) is occupied by and is within the right-of-way of a railroad,
interurban, or street railway;
(2) is within the line of a levee constructed and maintained
either by a levee association or under any law of this state;
(3) is used and occupied as part of a public drainage ditch,
including land that:
(A) is adjacent to the ditch; and
(B) cannot be used for farmland or any other purpose
because of a need for access to the ditch; or
(4) is within a right-of-way that is used and occupied as a public
highway.
(b) Where land described in subsection (a)(1), (a)(2), or (a)(3) has
not been transferred by deed to a person who holds the land for
railroad, interurban, street railway, levee, drainage, or public
highway purposes, the land shall be assessed to the adjacent property
owner. However, the assessed value of the land so assessed shall be
deducted from the assessed value of the land assessed to the adjacent
property owner.
(c) If an assessor and a landowner fail to agree on the amount of
land described in subsection (a)(1), (a)(2), (a)(3), or (a)(4), the
assessor shall have the county surveyor make a survey to determine
the amount of land so described.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1977,
P.L.2, SEC.6; P.L.47-1990, SEC.1.
IC 6-1.1-4-15
Appraisal; examination of buildings
Sec. 15. (a) If real property is subject to assessment or
reassessment under this chapter, the assessor of the township in
which the property is located, or the county assessor if there is no
township assessor for the township, shall either appraise the property
or have it appraised.
(b) In order to determine the assessed value of buildings and other
improvements, the township or county assessor or the assessor's
authorized representative may, after first making known the
assessor's or representative's intention to the owner or occupant,
enter and fully examine all buildings and structures which are located
within the township or county and which are subject to assessment.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.24-1986,
SEC.7; P.L.146-2008, SEC.69.
IC 6-1.1-4-16
Assessors' assistants; appropriation
Sec. 16. (a) For purposes of making a general reassessment of real
property or annual adjustments under section 4.5 of this chapter, a
township assessor (if any) and a county assessor may employ:
(1) deputies;
(2) employees; and
(3) technical advisors who are:
(A) qualified to determine real property values;
(B) professional appraisers certified under 50 IAC 15; and
(C) employed either on a full-time or a part-time basis,
subject to sections 18.5 and 19.5 of this chapter.
(b) The county council of each county shall appropriate the funds
necessary for the employment of deputies, employees, or technical
advisors employed under subsection (a) of this section.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.228-2005,
SEC.7; P.L.146-2008, SEC.70.
IC 6-1.1-4-17
Department of local government finance approval of employment
of professional appraisers; department approval only if party to
the contract; department approval of county decision to not
employ professional appraiser in general reassessment
Sec. 17. (a) Subject to the approval of the department of local
government finance and the requirements of section 18.5 of this
chapter, a county assessor may employ professional appraisers as
technical advisors for assessments in all townships in the county. The
department of local government finance may approve employment
under this subsection only if the department is a party to the
employment contract and any addendum to the employment contract.
(b) A decision by a county assessor to not employ a professional
appraiser as a technical advisor in a general reassessment is subject
to approval by the department of local government finance.
(c) As used in this chapter, "professional appraiser" means an
individual or firm that is certified under IC 6-1.1-31.7.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.62-1983,
SEC.2; P.L.6-1997, SEC.16; P.L.90-2002, SEC.38; P.L.228-2005,
SEC.8; P.L.146-2008, SEC.71; P.L.182-2009(ss), SEC.87.
IC 6-1.1-4-18
Repealed
(Repealed by P.L.198-2001, SEC.122.)
IC 6-1.1-4-18.5
Professional appraisal; contract for services; bids required
Sec. 18.5. (a) A county assessor may not use the services of a
professional appraiser for assessment or reassessment purposes
without a written contract. The contract used must be either a
standard contract developed by the department of local government
finance or a contract that has been specifically approved by the
department. The department shall ensure that the contract:
(1) includes all of the provisions required under section 19.5(b)
of this chapter; and
(2) adequately provides for the creation and transmission of real
property assessment data in the form required by the legislative
services agency and the division of data analysis of the
department.
(b) No contract shall be made with any professional appraiser to
act as technical advisor in the assessment of property, before the
giving of notice and the receiving of bids from anyone desiring to
furnish this service. Notice of the time and place for receiving bids
for the contract shall be given by publication by one (1) insertion in
two (2) newspapers of general circulation published in the county
and representing each of the two (2) leading political parties in the
county. If only one (1) newspaper is there published, notice in that
one (1) newspaper is sufficient to comply with the requirements of
this subsection. The contract shall be awarded to the lowest and best
bidder who meets all requirements under law for entering a contract
to serve as technical advisor in the assessment of property. However,
any and all bids may be rejected, and new bids may be asked.
(c) The county council of each county shall appropriate the funds
needed to meet the obligations created by a professional appraisal
services contract which is entered into under this chapter.
As added by P.L.198-2001, SEC.13. Amended by P.L.146-2008,
SEC.72.
IC 6-1.1-4-19
Repealed
(Repealed by P.L.198-2001, SEC.122.)
IC 6-1.1-4-19.5
Department development of standards for contracts for
professional appraisal services; special contract language
Sec. 19.5. (a) The department of local government finance shall
develop a standard contract or standard provisions for contracts to be
used in securing professional appraising services.
(b) The standard contract or contract provisions must contain:
(1) a fixed date by which the professional appraiser or appraisal
firm shall have completed all responsibilities under the contract;
(2) a penalty clause under which the amount to be paid for
appraisal services is decreased for failure to complete specified
services within the specified time;
(3) a provision requiring the appraiser, or appraisal firm, to
make periodic reports to the county assessor;
(4) a provision stipulating the manner in which, and the time
intervals at which, the periodic reports referred to in subdivision
(3) of this subsection are to be made;
(5) a precise stipulation of what service or services are to be
provided and what class or classes of property are to be
appraised;
(6) a provision stipulating that the contractor will generate
complete parcel characteristics and parcel assessment data in a
manner and format acceptable to the legislative services agency
and the department of local government finance;
(7) a provision stipulating that the legislative services agency
and the department of local government finance have
unrestricted access to the contractor's work product under the
contract; and
(8) a provision stating that the department of local government
finance is a party to the contract and any addendum to the
contract.
The department of local government finance may devise other
necessary provisions for the contracts in order to give effect to this
chapter.
(c) In order to comply with the duties assigned to it by this
section, the department of local government finance may develop:
(1) one (1) or more model contracts;
(2) one (1) contract with alternate provisions; or
(3) any combination of subdivisions (1) and (2).
The department may approve special contract language in order to
meet any unusual situations.
As added by P.L.198-2001, SEC.15. Amended by P.L.146-2008,
SEC.73; P.L.182-2009(ss), SEC.88.
IC 6-1.1-4-20
Professional appraisal; contract deadline
Sec. 20. The department of local government finance may
establish a period with respect to each general reassessment that is
the only time during which a county assessor may enter into a
contract with a professional appraiser. The period set by the
department of local government finance may not begin before
January 1 of the year the general reassessment begins. If no period
is established by the department of local government finance, a
county assessor may enter into such a contract only on or after
January 1 and before April 16 of the year in which the general
reassessment is to commence.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.55-1986,
SEC.1; P.L.6-1997, SEC.18; P.L.90-2002, SEC.39; P.L.146-2008,
SEC.74.
IC 6-1.1-4-21
Appraisal completion date; reporting requirement
Sec. 21. (a) If, during a period of general reassessment, a county
assessor personally makes the real property appraisals, the appraisals
of the parcels subject to taxation must be completed as follows:
(1) The appraisal of one-fourth (1/4) of the parcels shall be
completed before December 1 of the year in which the general
reassessment begins.
(2) The appraisal of one-half (1/2) of the parcels shall be
completed before May 1 of the year following the year in which
the general reassessment begins.
(3) The appraisal of three-fourths (3/4) of the parcels shall be
completed before October 1 of the year following the year in
which the general reassessment begins.
(4) The appraisal of all the parcels shall be completed before
March 1 of the second year following the year in which the
general reassessment begins.
(b) If a county assessor employs a professional appraiser or a
professional appraisal firm to make real property appraisals during
a period of general reassessment, the professional appraiser or
appraisal firm must file appraisal reports with the county assessor as
follows:
(1) The appraisals for one-fourth (1/4) of the parcels shall be
reported before December 1 of the year in which the general
reassessment begins.
(2) The appraisals for one-half (1/2) of the parcels shall be
reported before May 1 of the year following the year in which
the general reassessment begins.
(3) The appraisals for three-fourths (3/4) of the parcels shall be
reported before October 1 of the year following the year in
which the general reassessment begins.
(4) The appraisals for all the parcels shall be reported before
March 1 of the second year following the year in which the
general reassessment begins.
However, the reporting requirements prescribed in this subsection do
not apply if the contract under which the professional appraiser, or
appraisal firm, is employed prescribes different reporting procedures.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.55-1986,
SEC.2; P.L.146-2008, SEC.75.
IC 6-1.1-4-21.5
Repealed
(Repealed by P.L.84-1995, SEC.6.)
IC 6-1.1-4-22
Amounts of assessment or reassessment; notice
Sec. 22. (a) If any assessing official assesses or reassesses any real
property under this article, the official shall give notice to the
taxpayer and the county assessor, by mail, of the amount of the
assessment or reassessment.
(b) During a period of general reassessment, each township or
county assessor shall mail the notice required by this section within
ninety (90) days after the assessor:
(1) completes the appraisal of a parcel; or
(2) receives a report for a parcel from a professional appraiser
or professional appraisal firm.
(c) The notice required by this section must include notice to the
person of the opportunity to appeal the assessed valuation under
IC 6-1.1-15-1.
(d) Notice of the opportunity to appeal the assessed valuation
required under subsection (c) must include the following:
(1) The procedure that a taxpayer must follow to appeal the
assessment or reassessment.
(2) The forms that must be filed for an appeal of the assessment
or reassessment.
(3) Notice that an appeal of the assessment or reassessment
requires evidence relevant to the true tax value of the taxpayer's
property as of the assessment date.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1977,
P.L.64, SEC.2; P.L.6-1997, SEC.19; P.L.146-2008, SEC.76;
P.L.136-2009, SEC.4.
IC 6-1.1-4-23
Repealed
(Repealed by Acts 1977, P.L.64, SEC.4.)
IC 6-1.1-4-24
Notice to county auditor of assessed value
Sec. 24. Immediately following an assessment or reassessment of
real property, the county property tax assessment board of appeals
shall notify the county auditor of the assessed value of the land and
improvements so assessed. The county property tax assessment board
of appeals shall give the notice on the form and in the manner
prescribed by the department of local government finance.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.6-1997,
SEC.20; P.L.90-2002, SEC.40.
IC 6-1.1-4-25
Record keeping; electronic data files
Sec. 25. (a) Each township assessor and each county assessor
shall keep the assessor's reassessment data and records current by
securing the necessary field data and by making changes in the
assessed value of real property as changes occur in the use of the real
property. The township or county assessor's records shall at all times
show the assessed value of real property in accordance with this
chapter. The township assessor shall ensure that the county assessor
has full access to the assessment records maintained by the township
assessor.
(b) The township assessor (if any) in a county having a
consolidated city, the county assessor if there are no township
assessors in a county having a consolidated city, or the county
assessor in every other county, shall:
(1) maintain an electronic data file of:
(A) the parcel characteristics and parcel assessments of all
parcels; and
(B) the personal property return characteristics and
assessments by return;
for each township in the county as of each assessment date;
(2) maintain the electronic file in a form that formats the
information in the file with the standard data, field, and record
coding required and approved by:
(A) the legislative services agency; and
(B) the department of local government finance;
(3) transmit the data in the file with respect to the assessment
date of each year before October 1 of the year to:
(A) the legislative services agency; and
(B) the department of local government finance;
in a manner that meets the data export and transmission
requirements in a standard format, as prescribed by the office
of technology established by IC 4-13.1-2-1 and approved by the
legislative services agency; and
(4) resubmit the data in the form and manner required under this
subsection, upon request of the legislative services agency or
the department of local government finance, if data previously
submitted under this subsection does not comply with the
requirements of this subsection, as determined by the legislative
services agency or the department of local government finance.
An electronic data file maintained for a particular assessment date
may not be overwritten with data for a subsequent assessment date
until a copy of an electronic data file that preserves the data for the
particular assessment date is archived in the manner prescribed by
the office of technology established by IC 4-13.1-2-1 and approved
by the legislative services agency.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.6-1997,
SEC.21; P.L.198-2001, SEC.16; P.L.178-2002, SEC.6;
P.L.177-2005, SEC.27; P.L.146-2008, SEC.77.
IC 6-1.1-4-26
Adoption or promulgation of documents by the department of local
government finance
Sec. 26. The department of local government finance may adopt
or promulgate regulations, appraisal manuals, rules, bulletins,
directives, and forms for the assessment and reassessment of real
property.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.90-2002,
SEC.41.
IC 6-1.1-4-27
Repealed
(Repealed by P.L.198-2001, SEC.122.)
IC 6-1.1-4-27.5
Property reassessment fund; tax levies; petition to increase levy;
appeal
Sec. 27.5. (a) The auditor of each county shall establish a property
reassessment fund. The county treasurer shall deposit all collections
resulting from the property taxes that the county levies for the
county's property reassessment fund.
(b) With respect to the general reassessment of real property that
is to commence on July 1, 2009, the county council of each county
shall, for property taxes due in 2006, 2007, 2008, and 2009, levy in
each year against all the taxable property in the county an amount
equal to one-fourth (1/4) of the remainder of:
(1) the estimated costs referred to in section 28.5(a) of this
chapter; minus
(2) the amount levied under this section by the county council
for property taxes due in 2004 and 2005.
(c) With respect to a general reassessment of real property that is
to commence on July 1, 2014, and each fifth year thereafter, the
county council of each county shall, for property taxes due in the
year that the general reassessment is to commence and the four (4)
years preceding that year, levy against all the taxable property in the
county an amount equal to one-fifth (1/5) of the estimated costs of
the general reassessment under section 28.5 of this chapter.
(d) The department of local government finance shall give to each
county council notice, before January 1 in a year, of the tax levies
required by this section for that year.
(e) The department of local government finance may raise or
lower the property tax levy under this section for a year if the
department determines it is appropriate because the estimated cost
of:
(1) a general reassessment; or
(2) making annual adjustments under section 4.5 of this chapter;
has changed.
(f) The county assessor may petition the county fiscal body to
increase the levy under subsection (b) or (c) to pay for the costs of:
(1) a general reassessment;
(2) verification under 50 IAC 21-3-2 of sales disclosure forms
forwarded to the county assessor under IC 6-1.1-5.5-3; or
(3) processing annual adjustments under section 4.5 of this
chapter.
The assessor must document the needs and reasons for the increased
funding.
(g) If the county fiscal body denies a petition under subsection (f),
the county assessor may appeal to the department of local
government finance. The department of local government finance
shall:
(1) hear the appeal; and
(2) determine whether the additional levy is necessary.
As added by P.L.198-2001, SEC.18. Amended by P.L.90-2002,
SEC.42; P.L.151-2002, SEC.1 and P.L.178-2002, SEC.7;
P.L.245-2003, SEC.5; P.L.228-2005, SEC.9; P.L.219-2007, SEC.13;
P.L.146-2008, SEC.78.
IC 6-1.1-4-28
Repealed
(Repealed by P.L.198-2001, SEC.122.)
IC 6-1.1-4-28.5
Property reassessment funds; use of money; soil maps
Sec. 28.5. (a) Money assigned to a property reassessment fund
under section 27.5 of this chapter may be used only to pay the costs
of:
(1) the general reassessment of real property, including the
computerization of assessment records;
(2) payments to assessing officials and hearing officers for
county property tax assessment boards of appeals under
IC 6-1.1-35.2;
(3) the development or updating of detailed soil survey data by
the United States Department of Agriculture or its successor
agency;
(4) the updating of plat books;
(5) payments for the salary of permanent staff or for the
contractual services of temporary staff who are necessary to
assist assessing officials;
(6) making annual adjustments under section 4.5 of this chapter;
and
(7) the verification under 50 IAC 21-3-2 of sales disclosure
forms forwarded to:
(A) the county assessor; or
(B) township assessors (if any);
under IC 6-1.1-5.5-3.
Money in a property tax reassessment fund may not be transferred or
reassigned to any other fund and may not be used for any purposes
other than those set forth in this section.
(b) All counties shall use modern, detailed soil maps in the
general reassessment of agricultural land.
(c) The county treasurer of each county shall, in accordance with
IC 5-13-9, invest any money accumulated in the property
reassessment fund. Any interest received from investment of the
money shall be paid into the property reassessment fund.
(d) An appropriation under this section must be approved by the
fiscal body of the county after the review and recommendation of the
county assessor. However, in a county with a township assessor in
every township, the county assessor does not review an appropriation
under this section, and only the fiscal body must approve an
appropriation under this section.
As added by P.L.198-2001, SEC.20. Amended by P.L.228-2005,
SEC.10; P.L.88-2005, SEC.7; P.L.1-2006, SEC.131; P.L.154-2006,
SEC.2; P.L.1-2007, SEC.39; P.L.219-2007, SEC.14; P.L.146-2008,
SEC.79.
IC 6-1.1-4-29
Expenses of reassessment
Sec. 29. (a) The expenses of a reassessment, except those incurred
by the department of local government finance in performing its
normal functions, shall be paid by the county in which the reassessed
property is situated. These expenses, except for the expenses of a
general reassessment, shall be paid from county funds. The county
auditor shall issue warrants for the payment of reassessment
expenses. No prior appropriations are required in order for the
auditor to issue warrants.
(b) An order of the department of local government finance
directing the reassessment of property shall contain an estimate of
the cost of making the reassessment. The assessing officials in the
county, the county property tax assessment board of appeals, and the
county auditor may not exceed the amount so estimated by the
department of local government finance.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.6-1997,
SEC.24; P.L.90-2002, SEC.43; P.L.146-2008, SEC.80.
IC 6-1.1-4-30
Interim assessments or reassessments; rules and regulations
Sec. 30. In making any assessment or reassessment of real
property in the interim between general reassessments, the rules,
regulations, and standards for assessment are the same as those used
in the preceding general reassessment.
(Formerly: Acts 1975, P.L.47, SEC.1.)
IC 6-1.1-4-31 Version a
Department of local government finance check of local assessment
activities; state conducted activities; payment of bills for services;
determinations by county commissioners or city-county council
Note: This version of section effective until 1-1-2011. See also
following version of this section, effective 1-1-2011.
Sec. 31. (a) The department of local government finance shall
periodically check the conduct of:
(1) a general reassessment of property;
(2) work required to be performed by local officials under 50
IAC 21; and
(3) other property assessment activities in the county, as
determined by the department.
The department of local government finance may inform township
assessors (if any), county assessors, and the presidents of county
councils in writing if its check reveals that the general reassessment
or other property assessment activities are not being properly
conducted, work required to be performed by local officials under 50
IAC 21 is not being properly conducted, or property assessments are
not being properly made.
(b) The failure of the department of local government finance to
inform local officials under subsection (a) shall not be construed as
an indication by the department that:
(1) the general reassessment or other property assessment
activities are being properly conducted;
(2) work required to be performed by local officials under 50
IAC 21 is being properly conducted; or
(3) property assessments are being properly made.
(c) If the department of local government finance:
(1) determines under subsection (a) that a general reassessment
or other assessment activities for a general reassessment year or
any other year are not being properly conducted; and
(2) informs:
(A) the township assessor (if any) of each affected township;
(B) the county assessor; and
(C) the president of the county council;
in writing under subsection (a);
the department may order a state conducted assessment or
reassessment under section 31.5 of this chapter to begin not less than
sixty (60) days after the date of the notice under subdivision (2). If
the department determines during the period between the date of the
notice under subdivision (2) and the proposed date for beginning the
state conducted assessment or reassessment that the general
reassessment or other assessment activities for the general
reassessment are being properly conducted, the department may
rescind the order.
(d) If the department of local government finance:
(1) determines under subsection (a) that work required to be
performed by local officials under 50 IAC 21 is not being
properly conducted; and
(2) informs:
(A) the township assessor of each affected township (if any);
(B) the county assessor; and
(C) the president of the county council;
in writing under subsection (a);
the department may conduct the work or contract to have the work
conducted to begin not less than sixty (60) days after the date of the
notice under subdivision (2). If the department determines during the
period between the date of the notice under subdivision (2) and the
proposed date for beginning the work or having the work conducted
that work required to be performed by local officials under 50 IAC
21 is being properly conducted, the department may rescind the
order.
(e) If the department of local government finance contracts to
have work conducted under subsection (d), the department shall
forward the bill for the services to the county and the county shall
pay the bill under the same procedures that apply to county payments
of bills for assessment or reassessment services under section 31.5 of
this chapter.
(f) A county council president who is informed by the department
of local government finance under subsection (a) shall provide the
information to the board of county commissioners. A board of county
commissioners that receives information under this subsection may
adopt an ordinance to do either or both of the following:
(1) Determine that:
(A) the information indicates that the county assessor has
failed to perform adequately the duties of county assessor;
and
(B) by that failure the county assessor forfeits the office of
county assessor and is subject to removal from office by an
information filed under IC 34-17-2-1(b).
(2) Determine that:
(A) the information indicates that one (1) or more township
assessors in the county have failed to perform adequately the
duties of township assessor; and
(B) by that failure the township assessor or township
assessors forfeit the office of township assessor and are
subject to removal from office by an information filed under
IC 34-17-2-1(b).
(g) A city-county council that is informed by the department of
local government finance under subsection (a) may adopt an
ordinance making the determination or determinations referred to in
subsection (f).
As added by P.L.14-1983, SEC.2. Amended by P.L.90-2002, SEC.44;
P.L.228-2005, SEC.11; P.L.146-2008, SEC.81.
IC 6-1.1-4-31 Version b
Department of local government finance check of local assessment
activities; state conducted activities; payment of bills for services;
determinations by county commissioners or city-county council
Note: This version of section effective 1-1-2011. See also
preceding version of this section, effective until 1-1-2011.
Sec. 31. (a) The department of local government finance shall
periodically check the conduct of:
(1) a general reassessment of property;
(2) work required to be performed by local officials under 50
IAC 21; and
(3) other property assessment activities in the county, as
determined by the department.
The department of local government finance may inform township
assessors (if any), county assessors, and the presidents of county
councils in writing if its check reveals that the general reassessment
or other property assessment activities are not being properly
conducted, work required to be performed by local officials under 50
IAC 21 is not being properly conducted, or property assessments are
not being properly made.
(b) The failure of the department of local government finance to
inform local officials under subsection (a) shall not be construed as
an indication by the department that:
(1) the general reassessment or other property assessment
activities are being properly conducted;
(2) work required to be performed by local officials under 50
IAC 21 is being properly conducted; or
(3) property assessments are being properly made.
(c) If the department of local government finance:
(1) determines under subsection (a) that a general reassessment
or other assessment activities for a general reassessment year or
any other year are not being properly conducted; and
(2) informs:
(A) the township assessor (if any) of each affected township;
(B) the county assessor; and
(C) the president of the county council;
in writing under subsection (a);
the department may order a state conducted assessment or
reassessment under section 31.5 of this chapter to begin not less than
sixty (60) days after the date of the notice under subdivision (2).
(d) If the department of local government finance:
(1) determines under subsection (a) that work required to be
performed by local officials under 50 IAC 21 is not being
properly conducted; and
(2) informs:
(A) the township assessor of each affected township (if any);
(B) the county assessor; and
(C) the president of the county council;
in writing under subsection (a);
the department may conduct the work or contract to have the work
conducted to begin not less than sixty (60) days after the date of the
notice under subdivision (2). If the department determines during the
period between the date of the notice under subdivision (2) and the
proposed date for beginning the work or having the work conducted
that work required to be performed by local officials under 50 IAC
21 is being properly conducted, the department may rescind the
order.
(e) If the department of local government finance contracts to
have work conducted under subsection (d), the department shall
forward the bill for the services to the county and the county shall
pay the bill under the same procedures that apply to county payments
of bills for assessment or reassessment services under section 31.5 of
this chapter.
(f) A county council president who is informed by the department
of local government finance under subsection (a) shall provide the
information to the board of county commissioners. A board of county
commissioners that receives information under this subsection may
adopt an ordinance to do either or both of the following:
(1) Determine that:
(A) the information indicates that the county assessor has
failed to perform adequately the duties of county assessor;
and
(B) by that failure the county assessor forfeits the office of
county assessor and is subject to removal from office by an
information filed under IC 34-17-2-1(b).
(2) Determine that:
(A) the information indicates that one (1) or more township
assessors in the county have failed to perform adequately the
duties of township assessor; and
(B) by that failure the township assessor or township
assessors forfeit the office of township assessor and are
subject to removal from office by an information filed under
IC 34-17-2-1(b).
(g) A city-county council that is informed by the department of
local government finance under subsection (a) may adopt an
ordinance making the determination or determinations referred to in
subsection (f).
As added by P.L.14-1983, SEC.2. Amended by P.L.90-2002, SEC.44;
P.L.228-2005, SEC.11; P.L.146-2008, SEC.81; P.L.113-2010,
SEC.17.
IC 6-1.1-4-31.5
State conducted assessment or reassessment; notice; state contract
with appraising firm; state review of contract; land values;
contract payment; severability
Sec. 31.5. (a) As used in this section, "department" refers to the
department of local government finance.
(b) If the department makes a determination and informs local
officials under section 31(c) of this chapter, the department may
order a state conducted assessment or reassessment in the county
subject to the time limitation in that subsection.
(c) If the department orders a state conducted assessment or
reassessment in a county, the department shall assume the duties of
the county assessor. Notwithstanding sections 15 and 17 of this
chapter, a county assessor subject to an order issued under this
section may not assess property or have property assessed for the
assessment or general reassessment. Until the state conducted
assessment or reassessment is completed under this section, the
assessment or reassessment duties of the county assessor are limited
to providing the department or a contractor of the department the
support and information requested by the department or the
contractor.
(d) Before assuming the duties of a county assessor, the
department shall transmit a copy of the department's order requiring
a state conducted assessment or reassessment to the county assessor,
the county fiscal body, the county auditor, and the county treasurer.
Notice of the department's actions must be published one (1) time in
a newspaper of general circulation published in the county. The
department is not required to conduct a public hearing before taking
action under this section.
(e) A county assessor subject to an order issued under this section
shall, at the request of the department or the department's contractor,
make available and provide access to all:
(1) data;
(2) records;
(3) maps;
(4) parcel record cards;
(5) forms;
(6) computer software systems;
(7) computer hardware systems; and
(8) other information;
related to the assessment or reassessment of real property in the
county. The information described in this subsection must be
provided at no cost to the department or the contractor of the
department. A failure to provide information requested under this
subsection constitutes a failure to perform a duty related to an
assessment or a general reassessment and is subject to IC 6-1.1-37-2.
(f) The department may enter into a contract with a professional
appraising firm to conduct an assessment or reassessment under this
section. If a county entered into a contract with a professional
appraising firm to conduct the county's assessment or reassessment
before the department orders a state conducted assessment or
reassessment in the county under this section, the contract:
(1) is as valid as if it had been entered into by the department;
and
(2) shall be treated as the contract of the department.
(g) After receiving the report of assessed values from the
appraisal firm acting under a contract described in subsection (f), the
department shall give notice to the taxpayer and the county assessor,
by mail, of the amount of the assessment or reassessment. The notice
of assessment or reassessment:
(1) is subject to appeal by the taxpayer under section 31.7 of
this chapter; and
(2) must include a statement of the taxpayer's rights under
section 31.7 of this chapter.
(h) The department shall forward a bill for services provided
under a contract described in subsection (f) to the auditor of the
county in which the state conducted reassessment occurs. The county
shall pay the bill under the procedures prescribed by subsection (i).
(i) A county subject to an order issued under this section shall pay
the cost of a contract described in subsection (f), without
appropriation, from the county property reassessment fund. A
contractor may periodically submit bills for partial payment of work
performed under the contract. Notwithstanding any other law, a
contractor is entitled to payment under this subsection for work
performed under a contract if the contractor:
(1) submits to the department a fully itemized, certified bill in
the form required by IC 5-11-10-1 for the costs of the work
performed under the contract;
(2) obtains from the department:
(A) approval of the form and amount of the bill; and
(B) a certification that the billed goods and services have
been received and comply with the contract; and
(3) files with the county auditor:
(A) a duplicate copy of the bill submitted to the department;
(B) proof of the department's approval of the form and
amount of the bill; and
(C) the department's certification that the billed goods and
services have been received and comply with the contract.
The department's approval and certification of a bill under
subdivision (2) shall be treated as conclusively resolving the merits
of a contractor's claim. Upon receipt of the documentation described
in subdivision (3), the county auditor shall immediately certify that
the bill is true and correct without further audit and submit the claim
to the county executive. The county executive shall allow the claim,
in full, as approved by the department, without further examination
of the merits of the claim in a regular or special session that is held
not less than three (3) days and not more than seven (7) days after the
date the claim is certified by the county fiscal officer if the
procedures in IC 5-11-10-2 are used to approve the claim or the date
the claim is placed on the claim docket under IC 36-2-6-4 if the
procedures in IC 36-2-6-4 are used to approve the claim. Upon
allowance of the claim by the county executive, the county auditor
shall immediately issue a warrant or check for the full amount of the
claim approved by the department. Compliance with this subsection
constitutes compliance with IC 5-11-6-1, IC 5-11-10, and IC 36-2-6.
The determination and payment of a claim in compliance with this
subsection is not subject to remonstrance and appeal. IC 36-2-6-4(f)
and IC 36-2-6-9 do not apply to a claim submitted under this
subsection. IC 5-11-10-1.6(d) applies to a fiscal officer who pays a
claim in compliance with this subsection.
(j) Notwithstanding IC 4-13-2, a period of seven (7) days is
permitted for each of the following to review and act under IC 4-13-2
on a contract of the department entered into under this section:
(1) The commissioner of the Indiana department of
administration.
(2) The director of the budget agency.
(3) The attorney general.
(k) If money in the county's property reassessment fund is
insufficient to pay for an assessment or reassessment conducted
under this section, the department may increase the tax rate and tax
levy of the county's property reassessment fund to pay the cost and
expenses related to the assessment or reassessment.
(l) The department or the contractor of the department shall use
the land values determined under section 13.6 of this chapter for a
county subject to an order issued under this section to the extent that
the department or the contractor finds that the land values reflect the
true tax value of land, as determined under this article and the rules
of the department. If the department or the contractor finds that the
land values determined for the county under section 13.6 of this
chapter do not reflect the true tax value of land, the department or the
contractor shall determine land values for the county that reflect the
true tax value of land, as determined under this article and the rules
of the department. Land values determined under this subsection
shall be used to the same extent as if the land values had been
determined under section 13.6 of this chapter. The department or the
contractor of the department shall notify the county's assessing
officials of the land values determined under this subsection.
(m) A contractor of the department may notify the department if:
(1) a county auditor fails to:
(A) certify the contractor's bill;
(B) publish the contractor's claim;
(C) submit the contractor's claim to the county executive; or
(D) issue a warrant or check for payment of the contractor's
bill;
as required by subsection (i) at the county auditor's first legal
opportunity to do so;
(2) a county executive fails to allow the contractor's claim as
legally required by subsection (i) at the county executive's first
legal opportunity to do so; or
(3) a person or an entity authorized to act on behalf of the
county takes or fails to take an action, including failure to
request an appropriation, and that action or failure to act delays
or halts progress under this section for payment of the
contractor's bill.
(n) The department, upon receiving notice under subsection (m)
from a contractor of the department, shall:
(1) verify the accuracy of the contractor's assertion in the notice
that:
(A) a failure occurred as described in subsection (m)(1) or
(m)(2); or
(B) a person or an entity acted or failed to act as described
in subsection (m)(3); and
(2) provide to the treasurer of state the department's approval
under subsection (i)(2)(A) of the contractor's bill with respect
to which the contractor gave notice under subsection (m).
(o) Upon receipt of the department's approval of a contractor's bill
under subsection (n), the treasurer of state shall pay the contractor
the amount of the bill approved by the department from money in the
possession of the state that would otherwise be available for
distribution to the county, including distributions of admissions taxes
or wagering taxes.
(p) The treasurer of state shall withhold from the money that
would be distributed under IC 4-33-12-6, IC 4-33-13-5, or any other
law to a county described in a notice provided under subsection (m)
the amount of a payment made by the treasurer of state to the
contractor of the department under subsection (o). Money shall be
withheld from any source payable to the county.
(q) Compliance with subsections (m) through (p) constitutes
compliance with IC 5-11-10.
(r) IC 5-11-10-1.6(d) applies to the treasurer of state with respect
to the payment made in compliance with subsections (m) through (p).
This subsection and subsections (m) through (p) must be interpreted
liberally so that the state shall, to the extent legally valid, ensure that
the contractual obligations of a county subject to this section are
paid. Nothing in this section shall be construed to create a debt of the
state.
(s) The provisions of this section are severable as provided in
IC 1-1-1-8(b).
As added by P.L.228-2005, SEC.12. Amended by P.L.146-2008,
SEC.82.
IC 6-1.1-4-31.6
Informal hearings by professional appraiser contractor; informal
hearing required to preserve right to appeal assessment; notice;
rules; contract payment
Sec. 31.6. (a) Subject to the other requirements of this section, the
department of local government finance may:
(1) negotiate an addendum to a contract referred to in section
31.5(f) of this chapter that is treated as a contract of the
department; or
(2) include provisions in a contract entered into by the
department under section 31.5(f) of this chapter;
to require the contractor of the department to represent the
department in appeals initiated under section 31.7 of this chapter and
to afford to taxpayers an opportunity to attend an informal hearing.
(b) The purpose of the informal hearing referred to in subsection
(a) is to:
(1) discuss the specifics of the taxpayer's assessment or
reassessment;
(2) review the taxpayer's property record card;
(3) explain to the taxpayer how the assessment or reassessment
was determined;
(4) provide to the taxpayer information about the statutes, rules,
and guidelines that govern the determination of the assessment
or reassessment;
(5) note and consider objections of the taxpayer;
(6) consider all errors alleged by the taxpayer; and
(7) otherwise educate the taxpayer about:
(A) the taxpayer's assessment or reassessment;
(B) the assessment or reassessment process; and
(C) the assessment or reassessment appeal process under
section 31.7 of this chapter.
(c) Following an informal hearing referred to in subsection (b),
the contractor shall:
(1) make a recommendation to the department of local
government finance as to whether a change in the reassessment
is warranted; and
(2) if recommending a change under subdivision (1), provide to
the department a statement of:
(A) how the changed assessment or reassessment was
determined; and
(B) the amount of the changed assessment or reassessment.
(d) To preserve the right to appeal under section 31.7 of this
chapter, a taxpayer must initiate the informal hearing process by
notifying the department of local government finance or its designee
of the taxpayer's intent to participate in an informal hearing referred
to in subsection (b) not later than forty-five (45) days after the
department of local government finance gives notice under section
31.5(g) of this chapter to taxpayers of the amount of the
reassessment.
(e) The informal hearings referred to in subsection (b) must be
conducted:
(1) in the county where the property is located; and
(2) in a manner determined by the department of local
government finance.
(f) The department of local government finance shall:
(1) consider the recommendation of the contractor under
subsection (c); and
(2) if the department accepts a recommendation that a change
in the assessment or reassessment is warranted, accept or
modify the recommended amount of the changed assessment or
reassessment.
(g) The department of local government finance shall send a
notice of the result of each informal hearing to:
(1) the taxpayer;
(2) the county auditor;
(3) the county assessor; and
(4) the township assessor (if any) of the township in which the
property is located.
(h) A notice under subsection (g) must:
(1) state whether the assessment or reassessment was changed
as a result of the informal hearing; and
(2) if the assessment or reassessment was changed as a result of
the informal hearing:
(A) indicate the amount of the changed assessment or
reassessment; and
(B) provide information on the taxpayer's right to appeal
under section 31.7 of this chapter.
(i) If the department of local government finance does not send a
notice under subsection (g) not later than two hundred seventy (270)
days after the date the department gives notice of the amount of the
assessment or reassessment under section 31.5(g) of this chapter:
(1) the department may not change the amount of the
assessment or reassessment under the informal hearing process
described in this section; and
(2) the taxpayer may appeal the assessment or reassessment
under section 31.7 of this chapter.
(j) The department of local government finance may adopt rules
to establish procedures for informal hearings under this section.
(k) Payment for an addendum to a contract under subsection (a)(1)
is made in the same manner as payment for the contract under section
31.5(h) of this chapter.
As added by P.L.228-2005, SEC.13. Amended by P.L.146-2008,
SEC.83.
IC 6-1.1-4-31.7
Appeal of assessment or reassessment to Indiana board; Indiana
board contract with special master; hearings; rules; appeal to tax
court
Sec. 31.7. (a) As used in this section, "special master" refers to a
person designated by the Indiana board under subsection (e).
(b) The notice of assessment or reassessment under section
31.5(g) of this chapter is subject to appeal by the taxpayer to the
Indiana board. The procedures and time limitations that apply to an
appeal to the Indiana board of a determination of the department of
local government finance do not apply to an appeal under this
subsection. The Indiana board may establish applicable procedures
and time limitations under subsection (l).
(c) In order to appeal under subsection (b), the taxpayer must:
(1) participate in the informal hearing process under section
31.6 of this chapter;
(2) except as provided in section 31.6(i) of this chapter, receive
a notice under section 31.6(g) of this chapter; and
(3) file a petition for review with the appropriate county
assessor not later than thirty (30) days after:
(A) the date of the notice to the taxpayer under section
31.6(g) of this chapter; or
(B) the date after which the department may not change the
amount of the assessment or reassessment under the informal
hearing process described in section 31.6 of this chapter.
(d) The Indiana board may develop a form for petitions under
subsection (c) that outlines:
(1) the appeal process;
(2) the burden of proof; and
(3) evidence necessary to warrant a change to an assessment or
reassessment.
(e) The Indiana board may contract with, appoint, or otherwise
designate the following to serve as special masters to conduct
evidentiary hearings and prepare reports required under subsection
(g):
(1) Independent, licensed appraisers.
(2) Attorneys.
(3) Certified level two or level three Indiana assessor-appraisers
(including administrative law judges employed by the Indiana
board).
(4) Other qualified individuals.
(f) Each contract entered into under subsection (e) must specify
the appointee's compensation and entitlement to reimbursement for
expenses. The compensation and reimbursement for expenses are
paid from the county property reassessment fund.
(g) With respect to each petition for review filed under subsection
(c), the special masters shall:
(1) set a hearing date;
(2) give notice of the hearing at least thirty (30) days before the
hearing date, by mail, to:
(A) the taxpayer;
(B) the department of local government finance;
(C) the township assessor (if any); and
(D) the county assessor;
(3) conduct a hearing and hear all evidence submitted under this
section; and
(4) make evidentiary findings and file a report with the Indiana
board.
(h) At the hearing under subsection (g):
(1) the taxpayer shall present:
(A) the taxpayer's evidence that the assessment or
reassessment is incorrect;
(B) the method by which the taxpayer contends the
assessment or reassessment should be correctly determined;
and
(C) comparable sales, appraisals, or other pertinent
information concerning valuation as required by the Indiana
board; and
(2) the department of local government finance shall present its
evidence that the assessment or reassessment is correct.
(i) The Indiana board may dismiss a petition for review filed
under subsection (c) if the evidence and other information required
under subsection (h)(1) is not provided at the hearing under
subsection (g).
(j) The township assessor (if any) and the county assessor may
attend and participate in the hearing under subsection (g).
(k) The Indiana board may:
(1) consider the report of the special masters under subsection
(g)(4);
(2) make a final determination based on the findings of the
special masters without:
(A) conducting a hearing; or
(B) any further proceedings; and
(3) incorporate the findings of the special masters into the
board's findings in resolution of the appeal.
(l) The Indiana board may adopt rules under IC 4-22-2-37.1 to:
(1) establish procedures to expedite:
(A) the conduct of hearings under subsection (g); and
(B) the issuance of determinations of appeals under
subsection (k); and
(2) establish deadlines:
(A) for conducting hearings under subsection (g); and
(B) for issuing determinations of appeals under subsection
(k).
(m) A determination by the Indiana board of an appeal under
subsection (k) is subject to appeal to the tax court under IC 6-1.1-15.
As added by P.L.228-2005, SEC.14. Amended by P.L.219-2007,
SEC.15; P.L.146-2008, SEC.84.
IC 6-1.1-4-32
Repealed
(Repealed by P.L.1-2007, SEC.248.)
IC 6-1.1-4-33
Repealed
(Repealed by P.L.1-2007, SEC.248.)
IC 6-1.1-4-34
Repealed
(Repealed by P.L.1-2007, SEC.248.)
IC 6-1.1-4-35
Repealed
(Repealed by P.L.1-2007, SEC.248.)
IC 6-1.1-4-36
Repealed
(Repealed by P.L.1-2007, SEC.248.)
IC 6-1.1-4-37
Repealed
(Repealed by P.L.1-2007, SEC.248.)
IC 6-1.1-4-38
Repealed
(Repealed by P.L.1-2007, SEC.248.)
IC 6-1.1-4-39
Assessment of rental property and mobile homes; low income
rental housing exclusion
Sec. 39. (a) For assessment dates after February 28, 2005, except
as provided in subsections (c) and (e), the true tax value of real
property regularly used to rent or otherwise furnish residential
accommodations for periods of thirty (30) days or more and that has
more than four (4) rental units is the lowest valuation determined by
applying each of the following appraisal approaches:
(1) Cost approach that includes an estimated reproduction or
replacement cost of buildings and land improvements as of the
date of valuation together with estimates of the losses in value
that have taken place due to wear and tear, design and plan, or
neighborhood influences.
(2) Sales comparison approach, using data for generally
comparable property.
(3) Income capitalization approach, using an applicable
capitalization method and appropriate capitalization rates that
are developed and used in computations that lead to an
indication of value commensurate with the risks for the subject
property use.
(b) The gross rent multiplier method is the preferred method of
valuing:
(1) real property that has at least one (1) and not more than four
(4) rental units; and
(2) mobile homes assessed under IC 6-1.1-7.
(c) A township assessor (if any) or the county assessor is not
required to appraise real property referred to in subsection (a) using
the three (3) appraisal approaches listed in subsection (a) if the
assessor and the taxpayer agree before notice of the assessment is
given to the taxpayer under section 22 of this chapter to the
determination of the true tax value of the property by the assessor
using one (1) of those appraisal approaches.
(d) To carry out this section, the department of local government
finance may adopt rules for assessors to use in gathering and
processing information for the application of the income
capitalization method and the gross rent multiplier method. A
taxpayer must verify under penalties for perjury any information
provided to the township or county assessor for use in the application
of either method.
(e) The true tax value of low income rental property (as defined
in section 41 of this chapter) is not determined under subsection (a).
The assessment method prescribed in section 41 of this chapter is the
exclusive method for assessment of that property. This subsection
does not impede any rights to appeal an assessment.
As added by P.L.1-2004, SEC.8 and P.L.23-2004, SEC.9. Amended
by P.L.199-2005, SEC.3; P.L.146-2008, SEC.85.
IC 6-1.1-4-39.5
Assessment of qualified real property
Sec. 39.5. (a) As used in this section, "qualified real property"
means a riverboat (as defined in IC 4-33-2-17).
(b) Except as provided in subsection (c), the true tax value of
qualified real property is the lowest valuation determined by
applying each of the following appraisal approaches:
(1) Cost approach that includes an estimated reproduction or
replacement cost of buildings and land improvements as of the
date of valuation together with estimates of the losses in value
that have taken place due to wear and tear, design and plan, or
neighborhood influences using base prices determined under 50
IAC 2.3 and associated guidelines published by the department.
(2) Sales comparison approach, using data for generally
comparable property, excluding values attributable to licenses,
fees, or personal property as determined under 50 IAC 4.2.
(3) Income capitalization approach, using an applicable
capitalization method and appropriate capitalization rates that
are developed and used in computations that lead to an
indication of value commensurate with the risks for the subject
property use.
(c) A township or county assessor is not required to appraise
qualified real property using the three (3) appraisal approaches listed
in subsection (b) if the township or county assessor and the taxpayer
agree before notice of the assessment is given to the taxpayer under
section 22 of this chapter to the determination of the true tax value
of the property by the assessor using one (1) of those appraisal
approaches.
(d) To carry out this section, the department of local government
finance may adopt rules for assessors to use in gathering and
processing information for the application of the income
capitalization method. A taxpayer must verify under penalties for
perjury any information provided to the assessor for use in the
application of the income capitalization method.
As added by P.L.233-2007, SEC.22. Amended by P.L.146-2008,
SEC.86.
IC 6-1.1-4-40
Exclusion of federal income tax credits in the determination of the
assessed value of low income housing tax credit property
Sec. 40. The value of federal income tax credits awarded under
Section 42 of the Internal Revenue Code may not be considered in
determining the assessed value of low income housing tax credit
property.
As added by P.L.81-2004, SEC.58.
IC 6-1.1-4-41
Assessment of low income rental housing
Sec. 41. (a) For purposes of this section:
(1) "low income rental property" means real property used to
provide low income housing eligible for federal income tax
credits awarded under Section 42 of the Internal Revenue Code;
and
(2) "rental period" means the period during which low income
rental property is eligible for federal income tax credits
awarded under Section 42 of the Internal Revenue Code.
(b) For assessment dates after February 28, 2006, the true tax
value of low income rental property is the greater of the true tax
value:
(1) determined using the income capitalization approach; or
(2) that results in a gross annual tax liability equal to five
percent (5%) of the total gross rent received from the rental of
all units in the property for the most recent taxpayer fiscal year
that ends before the assessment date.
(c) The department of local government finance may adopt rules
under IC 4-22-2 to implement this section.
As added by P.L.199-2005, SEC.4. Amended by P.L.1-2006,
SEC.132.
IC 6-1.1-4-42
True tax value of golf course real property determined using
income capitalization; information provided by golf course owners;
uniform income capitalization tables; department of local
government finance administration
Sec. 42. (a) This section applies to assessment dates after January
15, 2010.
(b) As used in this section, "golf course" means an area of land
and yard improvements that are predominately used to play the game
of golf. A golf course consists of a series of holes, each consisting of
a teeing area, fairway, rough and other hazards, and the green with
the pin and cup.
(c) The true tax value of real property regularly used as a golf
course is the valuation determined by applying the income
capitalization appraisal approach. The income capitalization
approach used to determine the true tax value of a golf course must:
(1) incorporate an applicable income capitalization method and
appropriate capitalization rates that are developed and used in
computations that lead to an indication of value commensurate
with the risks for the subject property use;
(2) provide for the uniform and equal assessment of golf
courses of similar grade quality and play length; and
(3) exclude the value of personal property, intangible property,
and income derived from personal or intangible property.
(d) For assessment dates after January 15, 2010, and before March
1, 2012, a township assessor (if any) or the county assessor shall
gather and process information from the owner of a golf course to
carry out this section in accordance with the rules adopted by the
department of local government finance under IC 4-22-2.
(e) For assessment dates after February 28, 2012, the department
of local government finance shall, by rules adopted under IC 4-22-2,
establish uniform income capitalization tables and procedures to be
used for the assessment of golf courses. The department of local
government finance may rely on analysis conducted by a state
educational institution to develop the income capitalization tables
and procedures required under this section. Assessing officials shall
use the tables and procedures adopted by the department of local
government finance to assess, reassess, and annually adjust the
assessed value of golf courses.
(f) The department of local government finance may prescribe
procedures, forms, and due dates for the collection from the owners
or operators of golf courses of the necessary earnings, income,
profits, losses, and expenditures data necessary to carry out this
section. An owner or operator of a golf course shall comply with the
procedures and reporting schedules prescribed by the department of
local government finance.
As added by P.L.182-2009(ss), SEC.89.
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