50. For purposes of base year values as determined by Section
110.1, values determined for property which is purchased or changes
ownership after the 1975 lien date shall be entered on the roll for
the lien date next succeeding the date of the purchase or change in
ownership. Values determined after the 1975 lien date for property
which is newly constructed shall be entered on the roll for the lien
date next succeeding the date of completion of the new construction.
The value of new construction in progress on the lien date shall be
entered on the roll as of the lien date.
51. (a) For purposes of subdivision (b) of Section 2 of Article
XIII A of the California Constitution, for each lien date after the
lien date in which the base year value is determined pursuant to
Section 110.1, the taxable value of real property shall, except as
otherwise provided in subdivision (b) or (c), be the lesser of:
(1) Its base year value, compounded annually since the base year
by an inflation factor, which shall be determined as follows:
(A) For any assessment year commencing prior to January 1, 1985,
the inflation factor shall be the percentage change in the cost of
living, as defined in Section 2212.
(B) For any assessment year commencing after January 1, 1985, and
prior to January 1, 1998, the inflation factor shall be the
percentage change, rounded to the nearest one-thousandth of 1
percent, from December of the prior fiscal year to December of the
current fiscal year in the California Consumer Price Index for all
items, as determined by the California Department of Industrial
Relations.
(C) For any assessment year commencing on or after January 1,
1998, the inflation factor shall be the percentage change, rounded to
the nearest one-thousandth of 1 percent, from October of the prior
fiscal year to October of the current fiscal year in the California
Consumer Price Index for all items, as determined by the California
Department of Industrial Relations.
(D) In no event shall the percentage increase for any assessment
year determined pursuant to subparagraph (A), (B), or (C) exceed 2
percent of the prior year's value.
(2) Its full cash value, as defined in Section 110, as of the lien
date, taking into account reductions in value due to damage,
destruction, depreciation, obsolescence, removal of property, or
other factors causing a decline in value.
(b) If the real property was damaged or destroyed by disaster,
misfortune, or calamity and the board of supervisors of the county in
which the real property is located has not adopted an ordinance
pursuant to Section 170, or any portion of the real property has been
removed by voluntary action by the taxpayer, the taxable value of
the property shall be the sum of the following:
(1) The lesser of its base year value of land determined under
paragraph (1) of subdivision (a) or full cash value of land
determined pursuant to paragraph (2) of subdivision (a).
(2) The lesser of its base year value of improvements determined
pursuant to paragraph (1) of subdivision (a) or the full cash value
of improvements determined pursuant to paragraph (2) of subdivision
(a).
In applying this subdivision, the base year value of the subject
real property does not include that portion of the previous base year
value of that property that was attributable to any portion of the
property that has been destroyed or removed. The sum determined under
this subdivision shall then become the base year value of the real
property until that property is restored, repaired, or reconstructed
or other provisions of law require establishment of a new base year
value.
(c) If the real property was damaged or destroyed by disaster,
misfortune or calamity and the board of supervisors in the county in
which the real property is located has adopted an ordinance pursuant
to Section 170, the taxable value of the real property shall be its
assessed value as computed pursuant to Section 170.
(d) For purposes of this section, "real property" means that
appraisal unit that persons in the marketplace commonly buy and sell
as a unit, or that is normally valued separately.
(e) Nothing in this section shall be construed to require the
assessor to make an annual reappraisal of all assessable property.
However, for each lien date after the first lien date for which the
taxable value of property is reduced pursuant to paragraph (2) of
subdivision (a), the value of that property shall be annually
reappraised at its full cash value as defined in Section 110 until
that value exceeds the value determined pursuant to paragraph (1) of
subdivision (a). In no event shall the assessor condition the
implementation of the preceding sentence in any year upon the filing
of an assessment appeal.
51.5. (a) Notwithstanding any other provision of the law, any error
or omission in the determination of a base year value pursuant to
paragraph (2) of subdivision (a) of Section 110.1, including the
failure to establish that base year value, which does not involve the
exercise of an assessor's judgment as to value, shall be corrected
in any assessment year in which the error or omission is discovered.
(b) An error or an omission described in subdivision (a) which
involves the exercise of an assessor's judgment as to value may be
corrected only if it is placed on the current roll or roll being
prepared, or is otherwise corrected, within four years after July 1
of the assessment year for which the base year value was first
established.
(c) An error or an omission involving the exercise of an assessor'
s judgment as to value shall not include errors or omissions
resulting from the taxpayer's fraud, concealment, misrepresentation,
or failure to comply with any provision of law for furnishing
information required by Sections 441, 470, 480, 480.1, and 480.2, or
from clerical errors.
(d) If a correction authorized by subdivision (a) or (b) reduces
the base year value, appropriate cancellations or refunds of tax
shall be granted in accordance with this division. If the correction
increases the base year value, appropriate escape assessments shall
be imposed in accordance with this division.
(e) The existence of a clerical error shall be proved by a
preponderance of the evidence, except that if the correction is made
more than four years after July 1 of the assessment year for which
the base year value was first established the clerical error shall be
proved by clear and convincing evidence, including the papers in the
assessor's office. Nothing in this subdivision shall be construed to
change the standard of proof applicable to a determination of the
value of property.
(f) For purposes of this section:
(1) "Assessment year" means an assessment year as defined in
Section 118.
(2) "Clerical errors" means only those defects of a mechanical,
mathematical, or clerical nature, not involving judgment as to value,
where it can be shown from papers in the assessor's office or other
evidence that the defect resulted in a base year value that was not
intended by the assessor at the time it was determined.
52. (a) Notwithstanding any other provision of this division,
property which is enforceably restricted pursuant to Section 8 of
Article XIII of the California Constitution shall be valued for
property tax purposes pursuant to Article 1.5 (commencing with
Section 421) and Article 1.9 (commencing with Section 439) of Chapter
3 of Part 2.
(b) Notwithstanding any other provision of this division, property
restricted to timberland use pursuant to subdivision (j) of Section
3 of Article XIII of the California Constitution shall be valued for
property tax purposes pursuant to Article 1.7 (commencing with
Section 431) of Chapter 3 of Part 2.
(c) Notwithstanding any other provision of this division, property
subject to valuation as a golf course pursuant to Section 10 of
Article XIII of the California Constitution shall be valued for
property tax purposes in accordance with such section.
(d) Notwithstanding the provisions of this division, property
subject to valuation pursuant to Section 11 of Article XIII of the
California Constitution shall be valued for property tax purposes in
accordance with such section.
53. (a) Except as provided in subdivision (b), the initial base
year value for fruit and nut trees and grapevines subject to
exemption pursuant to subdivision (i) of Section 3 of Article XIII of
the California Constitution shall be the full cash value of those
properties as of the lien date of their first taxable year.
(b) A county board of supervisors may, after consulting with
affected local agencies within the county's boundaries, provide by
ordinance that the initial base year value for replacement grapevines
that are planted to replace grapevines less than 15 years of age
that were removed solely as a result of phylloxera infestation or
Pierce's Disease, and are planted on the same parcel as the replaced
grapevines, as certified in writing by the county agricultural
commissioner, shall be the base year value of the removed grapevines
factored to the lien date of the first taxable year of the
replacement grapevines. The assignment of base year replacement value
shall be limited to that portion of the replacement grapevines that
are substantially equivalent to the grapevines that were replaced, if
the replacement grapevines are planted at a greater density.
53.5. With respect to property that is subject to valuation as
mining or mineral property, the initial base year value of a leach
pad, tailing facility, or settling pond on that property shall be the
full cash value of that leach pad, tailing facility, or settling
pond as of the first lien date upon which that pad, facility, or pond
is subject to assessment. Each leach pad, tailing facility, or
settling pond shall be considered a separate appraisal unit for
purposes of determining its taxable value on each lien date
subsequent to the lien date upon which the initial base year value
was determined for that pad, facility, or pond.
54. (a) Notwithstanding any other provision of law, no modification
of assessment procedures shall be made with respect to real property
on the basis of the invalidity of any portion of Section 2 of
Article XIII A of the California Constitution as determined by the
United States Supreme Court in the case of Nordlinger v. Hahn.
(b) This section shall only be operative if the United States
Supreme Court, in its decision in the case of Nordlinger v. Hahn,
determines that any portion of Section 2 of Article XIII A of the
California Constitution is invalid, and shall, in that event, absent
a shorter period specified by the Legislature by statute, be
operative for only two years from the date of that decision.
50. For purposes of base year values as determined by Section
110.1, values determined for property which is purchased or changes
ownership after the 1975 lien date shall be entered on the roll for
the lien date next succeeding the date of the purchase or change in
ownership. Values determined after the 1975 lien date for property
which is newly constructed shall be entered on the roll for the lien
date next succeeding the date of completion of the new construction.
The value of new construction in progress on the lien date shall be
entered on the roll as of the lien date.
51. (a) For purposes of subdivision (b) of Section 2 of Article
XIII A of the California Constitution, for each lien date after the
lien date in which the base year value is determined pursuant to
Section 110.1, the taxable value of real property shall, except as
otherwise provided in subdivision (b) or (c), be the lesser of:
(1) Its base year value, compounded annually since the base year
by an inflation factor, which shall be determined as follows:
(A) For any assessment year commencing prior to January 1, 1985,
the inflation factor shall be the percentage change in the cost of
living, as defined in Section 2212.
(B) For any assessment year commencing after January 1, 1985, and
prior to January 1, 1998, the inflation factor shall be the
percentage change, rounded to the nearest one-thousandth of 1
percent, from December of the prior fiscal year to December of the
current fiscal year in the California Consumer Price Index for all
items, as determined by the California Department of Industrial
Relations.
(C) For any assessment year commencing on or after January 1,
1998, the inflation factor shall be the percentage change, rounded to
the nearest one-thousandth of 1 percent, from October of the prior
fiscal year to October of the current fiscal year in the California
Consumer Price Index for all items, as determined by the California
Department of Industrial Relations.
(D) In no event shall the percentage increase for any assessment
year determined pursuant to subparagraph (A), (B), or (C) exceed 2
percent of the prior year's value.
(2) Its full cash value, as defined in Section 110, as of the lien
date, taking into account reductions in value due to damage,
destruction, depreciation, obsolescence, removal of property, or
other factors causing a decline in value.
(b) If the real property was damaged or destroyed by disaster,
misfortune, or calamity and the board of supervisors of the county in
which the real property is located has not adopted an ordinance
pursuant to Section 170, or any portion of the real property has been
removed by voluntary action by the taxpayer, the taxable value of
the property shall be the sum of the following:
(1) The lesser of its base year value of land determined under
paragraph (1) of subdivision (a) or full cash value of land
determined pursuant to paragraph (2) of subdivision (a).
(2) The lesser of its base year value of improvements determined
pursuant to paragraph (1) of subdivision (a) or the full cash value
of improvements determined pursuant to paragraph (2) of subdivision
(a).
In applying this subdivision, the base year value of the subject
real property does not include that portion of the previous base year
value of that property that was attributable to any portion of the
property that has been destroyed or removed. The sum determined under
this subdivision shall then become the base year value of the real
property until that property is restored, repaired, or reconstructed
or other provisions of law require establishment of a new base year
value.
(c) If the real property was damaged or destroyed by disaster,
misfortune or calamity and the board of supervisors in the county in
which the real property is located has adopted an ordinance pursuant
to Section 170, the taxable value of the real property shall be its
assessed value as computed pursuant to Section 170.
(d) For purposes of this section, "real property" means that
appraisal unit that persons in the marketplace commonly buy and sell
as a unit, or that is normally valued separately.
(e) Nothing in this section shall be construed to require the
assessor to make an annual reappraisal of all assessable property.
However, for each lien date after the first lien date for which the
taxable value of property is reduced pursuant to paragraph (2) of
subdivision (a), the value of that property shall be annually
reappraised at its full cash value as defined in Section 110 until
that value exceeds the value determined pursuant to paragraph (1) of
subdivision (a). In no event shall the assessor condition the
implementation of the preceding sentence in any year upon the filing
of an assessment appeal.
51.5. (a) Notwithstanding any other provision of the law, any error
or omission in the determination of a base year value pursuant to
paragraph (2) of subdivision (a) of Section 110.1, including the
failure to establish that base year value, which does not involve the
exercise of an assessor's judgment as to value, shall be corrected
in any assessment year in which the error or omission is discovered.
(b) An error or an omission described in subdivision (a) which
involves the exercise of an assessor's judgment as to value may be
corrected only if it is placed on the current roll or roll being
prepared, or is otherwise corrected, within four years after July 1
of the assessment year for which the base year value was first
established.
(c) An error or an omission involving the exercise of an assessor'
s judgment as to value shall not include errors or omissions
resulting from the taxpayer's fraud, concealment, misrepresentation,
or failure to comply with any provision of law for furnishing
information required by Sections 441, 470, 480, 480.1, and 480.2, or
from clerical errors.
(d) If a correction authorized by subdivision (a) or (b) reduces
the base year value, appropriate cancellations or refunds of tax
shall be granted in accordance with this division. If the correction
increases the base year value, appropriate escape assessments shall
be imposed in accordance with this division.
(e) The existence of a clerical error shall be proved by a
preponderance of the evidence, except that if the correction is made
more than four years after July 1 of the assessment year for which
the base year value was first established the clerical error shall be
proved by clear and convincing evidence, including the papers in the
assessor's office. Nothing in this subdivision shall be construed to
change the standard of proof applicable to a determination of the
value of property.
(f) For purposes of this section:
(1) "Assessment year" means an assessment year as defined in
Section 118.
(2) "Clerical errors" means only those defects of a mechanical,
mathematical, or clerical nature, not involving judgment as to value,
where it can be shown from papers in the assessor's office or other
evidence that the defect resulted in a base year value that was not
intended by the assessor at the time it was determined.
52. (a) Notwithstanding any other provision of this division,
property which is enforceably restricted pursuant to Section 8 of
Article XIII of the California Constitution shall be valued for
property tax purposes pursuant to Article 1.5 (commencing with
Section 421) and Article 1.9 (commencing with Section 439) of Chapter
3 of Part 2.
(b) Notwithstanding any other provision of this division, property
restricted to timberland use pursuant to subdivision (j) of Section
3 of Article XIII of the California Constitution shall be valued for
property tax purposes pursuant to Article 1.7 (commencing with
Section 431) of Chapter 3 of Part 2.
(c) Notwithstanding any other provision of this division, property
subject to valuation as a golf course pursuant to Section 10 of
Article XIII of the California Constitution shall be valued for
property tax purposes in accordance with such section.
(d) Notwithstanding the provisions of this division, property
subject to valuation pursuant to Section 11 of Article XIII of the
California Constitution shall be valued for property tax purposes in
accordance with such section.
53. (a) Except as provided in subdivision (b), the initial base
year value for fruit and nut trees and grapevines subject to
exemption pursuant to subdivision (i) of Section 3 of Article XIII of
the California Constitution shall be the full cash value of those
properties as of the lien date of their first taxable year.
(b) A county board of supervisors may, after consulting with
affected local agencies within the county's boundaries, provide by
ordinance that the initial base year value for replacement grapevines
that are planted to replace grapevines less than 15 years of age
that were removed solely as a result of phylloxera infestation or
Pierce's Disease, and are planted on the same parcel as the replaced
grapevines, as certified in writing by the county agricultural
commissioner, shall be the base year value of the removed grapevines
factored to the lien date of the first taxable year of the
replacement grapevines. The assignment of base year replacement value
shall be limited to that portion of the replacement grapevines that
are substantially equivalent to the grapevines that were replaced, if
the replacement grapevines are planted at a greater density.
53.5. With respect to property that is subject to valuation as
mining or mineral property, the initial base year value of a leach
pad, tailing facility, or settling pond on that property shall be the
full cash value of that leach pad, tailing facility, or settling
pond as of the first lien date upon which that pad, facility, or pond
is subject to assessment. Each leach pad, tailing facility, or
settling pond shall be considered a separate appraisal unit for
purposes of determining its taxable value on each lien date
subsequent to the lien date upon which the initial base year value
was determined for that pad, facility, or pond.
54. (a) Notwithstanding any other provision of law, no modification
of assessment procedures shall be made with respect to real property
on the basis of the invalidity of any portion of Section 2 of
Article XIII A of the California Constitution as determined by the
United States Supreme Court in the case of Nordlinger v. Hahn.
(b) This section shall only be operative if the United States
Supreme Court, in its decision in the case of Nordlinger v. Hahn,
determines that any portion of Section 2 of Article XIII A of the
California Constitution is invalid, and shall, in that event, absent
a shorter period specified by the Legislature by statute, be
operative for only two years from the date of that decision.
50. For purposes of base year values as determined by Section
110.1, values determined for property which is purchased or changes
ownership after the 1975 lien date shall be entered on the roll for
the lien date next succeeding the date of the purchase or change in
ownership. Values determined after the 1975 lien date for property
which is newly constructed shall be entered on the roll for the lien
date next succeeding the date of completion of the new construction.
The value of new construction in progress on the lien date shall be
entered on the roll as of the lien date.
51. (a) For purposes of subdivision (b) of Section 2 of Article
XIII A of the California Constitution, for each lien date after the
lien date in which the base year value is determined pursuant to
Section 110.1, the taxable value of real property shall, except as
otherwise provided in subdivision (b) or (c), be the lesser of:
(1) Its base year value, compounded annually since the base year
by an inflation factor, which shall be determined as follows:
(A) For any assessment year commencing prior to January 1, 1985,
the inflation factor shall be the percentage change in the cost of
living, as defined in Section 2212.
(B) For any assessment year commencing after January 1, 1985, and
prior to January 1, 1998, the inflation factor shall be the
percentage change, rounded to the nearest one-thousandth of 1
percent, from December of the prior fiscal year to December of the
current fiscal year in the California Consumer Price Index for all
items, as determined by the California Department of Industrial
Relations.
(C) For any assessment year commencing on or after January 1,
1998, the inflation factor shall be the percentage change, rounded to
the nearest one-thousandth of 1 percent, from October of the prior
fiscal year to October of the current fiscal year in the California
Consumer Price Index for all items, as determined by the California
Department of Industrial Relations.
(D) In no event shall the percentage increase for any assessment
year determined pursuant to subparagraph (A), (B), or (C) exceed 2
percent of the prior year's value.
(2) Its full cash value, as defined in Section 110, as of the lien
date, taking into account reductions in value due to damage,
destruction, depreciation, obsolescence, removal of property, or
other factors causing a decline in value.
(b) If the real property was damaged or destroyed by disaster,
misfortune, or calamity and the board of supervisors of the county in
which the real property is located has not adopted an ordinance
pursuant to Section 170, or any portion of the real property has been
removed by voluntary action by the taxpayer, the taxable value of
the property shall be the sum of the following:
(1) The lesser of its base year value of land determined under
paragraph (1) of subdivision (a) or full cash value of land
determined pursuant to paragraph (2) of subdivision (a).
(2) The lesser of its base year value of improvements determined
pursuant to paragraph (1) of subdivision (a) or the full cash value
of improvements determined pursuant to paragraph (2) of subdivision
(a).
In applying this subdivision, the base year value of the subject
real property does not include that portion of the previous base year
value of that property that was attributable to any portion of the
property that has been destroyed or removed. The sum determined under
this subdivision shall then become the base year value of the real
property until that property is restored, repaired, or reconstructed
or other provisions of law require establishment of a new base year
value.
(c) If the real property was damaged or destroyed by disaster,
misfortune or calamity and the board of supervisors in the county in
which the real property is located has adopted an ordinance pursuant
to Section 170, the taxable value of the real property shall be its
assessed value as computed pursuant to Section 170.
(d) For purposes of this section, "real property" means that
appraisal unit that persons in the marketplace commonly buy and sell
as a unit, or that is normally valued separately.
(e) Nothing in this section shall be construed to require the
assessor to make an annual reappraisal of all assessable property.
However, for each lien date after the first lien date for which the
taxable value of property is reduced pursuant to paragraph (2) of
subdivision (a), the value of that property shall be annually
reappraised at its full cash value as defined in Section 110 until
that value exceeds the value determined pursuant to paragraph (1) of
subdivision (a). In no event shall the assessor condition the
implementation of the preceding sentence in any year upon the filing
of an assessment appeal.
51.5. (a) Notwithstanding any other provision of the law, any error
or omission in the determination of a base year value pursuant to
paragraph (2) of subdivision (a) of Section 110.1, including the
failure to establish that base year value, which does not involve the
exercise of an assessor's judgment as to value, shall be corrected
in any assessment year in which the error or omission is discovered.
(b) An error or an omission described in subdivision (a) which
involves the exercise of an assessor's judgment as to value may be
corrected only if it is placed on the current roll or roll being
prepared, or is otherwise corrected, within four years after July 1
of the assessment year for which the base year value was first
established.
(c) An error or an omission involving the exercise of an assessor'
s judgment as to value shall not include errors or omissions
resulting from the taxpayer's fraud, concealment, misrepresentation,
or failure to comply with any provision of law for furnishing
information required by Sections 441, 470, 480, 480.1, and 480.2, or
from clerical errors.
(d) If a correction authorized by subdivision (a) or (b) reduces
the base year value, appropriate cancellations or refunds of tax
shall be granted in accordance with this division. If the correction
increases the base year value, appropriate escape assessments shall
be imposed in accordance with this division.
(e) The existence of a clerical error shall be proved by a
preponderance of the evidence, except that if the correction is made
more than four years after July 1 of the assessment year for which
the base year value was first established the clerical error shall be
proved by clear and convincing evidence, including the papers in the
assessor's office. Nothing in this subdivision shall be construed to
change the standard of proof applicable to a determination of the
value of property.
(f) For purposes of this section:
(1) "Assessment year" means an assessment year as defined in
Section 118.
(2) "Clerical errors" means only those defects of a mechanical,
mathematical, or clerical nature, not involving judgment as to value,
where it can be shown from papers in the assessor's office or other
evidence that the defect resulted in a base year value that was not
intended by the assessor at the time it was determined.
52. (a) Notwithstanding any other provision of this division,
property which is enforceably restricted pursuant to Section 8 of
Article XIII of the California Constitution shall be valued for
property tax purposes pursuant to Article 1.5 (commencing with
Section 421) and Article 1.9 (commencing with Section 439) of Chapter
3 of Part 2.
(b) Notwithstanding any other provision of this division, property
restricted to timberland use pursuant to subdivision (j) of Section
3 of Article XIII of the California Constitution shall be valued for
property tax purposes pursuant to Article 1.7 (commencing with
Section 431) of Chapter 3 of Part 2.
(c) Notwithstanding any other provision of this division, property
subject to valuation as a golf course pursuant to Section 10 of
Article XIII of the California Constitution shall be valued for
property tax purposes in accordance with such section.
(d) Notwithstanding the provisions of this division, property
subject to valuation pursuant to Section 11 of Article XIII of the
California Constitution shall be valued for property tax purposes in
accordance with such section.
53. (a) Except as provided in subdivision (b), the initial base
year value for fruit and nut trees and grapevines subject to
exemption pursuant to subdivision (i) of Section 3 of Article XIII of
the California Constitution shall be the full cash value of those
properties as of the lien date of their first taxable year.
(b) A county board of supervisors may, after consulting with
affected local agencies within the county's boundaries, provide by
ordinance that the initial base year value for replacement grapevines
that are planted to replace grapevines less than 15 years of age
that were removed solely as a result of phylloxera infestation or
Pierce's Disease, and are planted on the same parcel as the replaced
grapevines, as certified in writing by the county agricultural
commissioner, shall be the base year value of the removed grapevines
factored to the lien date of the first taxable year of the
replacement grapevines. The assignment of base year replacement value
shall be limited to that portion of the replacement grapevines that
are substantially equivalent to the grapevines that were replaced, if
the replacement grapevines are planted at a greater density.
53.5. With respect to property that is subject to valuation as
mining or mineral property, the initial base year value of a leach
pad, tailing facility, or settling pond on that property shall be the
full cash value of that leach pad, tailing facility, or settling
pond as of the first lien date upon which that pad, facility, or pond
is subject to assessment. Each leach pad, tailing facility, or
settling pond shall be considered a separate appraisal unit for
purposes of determining its taxable value on each lien date
subsequent to the lien date upon which the initial base year value
was determined for that pad, facility, or pond.
54. (a) Notwithstanding any other provision of law, no modification
of assessment procedures shall be made with respect to real property
on the basis of the invalidity of any portion of Section 2 of
Article XIII A of the California Constitution as determined by the
United States Supreme Court in the case of Nordlinger v. Hahn.
(b) This section shall only be operative if the United States
Supreme Court, in its decision in the case of Nordlinger v. Hahn,
determines that any portion of Section 2 of Article XIII A of the
California Constitution is invalid, and shall, in that event, absent
a shorter period specified by the Legislature by statute, be
operative for only two years from the date of that decision.
