42-16214. Refund or credit of excess
payments
A. If judgment is awarded to a taxpayer who paid the taxes to the county treasurer:
1. The county treasurer of the county in which the property is located shall pay
the judgment out of monies collected from property taxes during the next fiscal year,
unless there are sufficient amounts available in funds budgeted for that purpose by the
county to allow an immediate refund, or, if both parties agree, the amount of the
judgment may be credited toward any taxes that may be remaining due on the property that
is the subject of the appeal, subject in either case to the approval of the board of
supervisors.
2. The amount of the judgment shall be subtracted from the amounts due to taxing
jurisdictions in the next fiscal year in proportion to the amount each received from the
appellant's overpayment of taxes. The affected taxing jurisdictions shall include in
their budgets for the next fiscal year the proportional amount of the judgment for which
each is liable. Any increase in the budget because of the portion of the judgment being
included is not subject to any budget limitation that may be prescribed by law.
3. Interest at the legal rate on the overpayment or underpayment is payable from
the date of overpayment or underpayment. For the purpose of computing interest under the
judgment, if the tax was paid in installments, a pro rata share of the total overpayment
or underpayment is considered to be attributable to each installment.
B. A judgment in favor of an appellant who paid the taxes to the department shall
be paid from the state general fund.
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