2006 Ohio Revised Code - 5727.12. Valuation and assessment of railroad property.

§ 5727.12. Valuation and assessment of railroad property.
 

As used in this chapter, "property used in railroad operations" means property used in or determined by the tax commissioner to be held by a railroad for use in railroad operations. In determining the true value of all real and personal property owned or leased by each railroad company and used in railroad operations, the commissioner shall use the unitary method and value all of the property of the company's railroad system as a whole, considering the factors generally used in that method, and weighing each factor appropriately. The true value of the property used in railroad operations shall be apportioned to this state as provided in section 5727.14 of the Revised Code. For tax year 2006 and each tax year thereafter, the county auditor shall value and assess the real property owned by the company that the commissioner determines is not used in railroad operations. 
 

All property of a railroad shall be assessed for taxation at the same percentage of true value at which all other real property in this state is assessed, in the case of real property, and at the percentage of true value provided under divisions (E), (F), and (G) of section 5711.22 of the Revised Code, in the case of personal property. 
 

A determination of the value of each item of personal property not used in railroad operations shall be considered a separate determination with respect to which a separate petition for reassessment may be filed under section 5727.47 of the Revised Code. 
 

Where a line of railroad is subsidized under the terms of the federal regional rail reorganization act or the federal rail revitalization and regulatory reform act, the real and other fixed property shall be assessed solely in the name of its owner. 
 

HISTORY: 138 v H 145 (Eff 12-31-79); 139 v H 201 (Eff 12-31-82); 140 v H 291 (Eff 7-1-83); 142 v S 449 (Eff 11-28-88); 143 v S 156 (Eff 12-31-89); 144 v S 358 (Eff 1-15-93); 145 v H 630 (Eff 7-22-94); 147 v H 215 (Eff 6-30-97); 148 v H 283. Eff 9-29-99; 151 v H 66, § 101.01, eff. 6-30-05.
 

The provisions of § 557.19 of 151 v H 66 read as follows: 

SECTION 557.19. Sections 5713.01 and 5727.12 of the Revised Code, as amended by this act, first apply to tax year 2006. 

The effective date is set by § 612.21 of 151 v H 66. 

Analogous to former RC § 5727.12 (GC § 5429; 102 v 224, § 53; 114 v 714; Bureau of Code Revision, 10-1-53; 130 v 1319), repealed 138 v H 145, § 2, eff 12-31-79.

The effective date is set by section 162 of HB 283. 

 

Effect of Amendments

151 v H 66, effective June 30, 2005, in the first paragraph, rewrote the present last sentence, and deleted the former last sentence, which read: "The commissioner may require the advice of county auditors concerning such values"; corrected internal references in the second paragraph; and, in the third paragraph, deleted "each tract, lot, or parcel of real property or" preceding "each item".