State Codes and Statutes

Statutes > Nebraska > Chapter79 > 79-1016

79-1016. Adjusted valuation; how established;objections; filing; appeal; notice; correction due to clerical error; injunctionprohibited.(1) On or before August 25, the county assessorshall certify to the Property Tax Administrator the total taxable value byschool district in the county for the current assessment year on forms prescribedby the Tax Commissioner. The county assessor may amend the filing for changesmade to the taxable valuation of the school district in the county if correctionsor errors on the original certification are discovered. Amendments shall becertified to the Property Tax Administrator on or before September 30.(2) On or before October 10, the Property Tax Administrator shall computeand certify to the State Department of Education the adjusted valuation forthe current assessment year for each class of property in each school districtand each local system. The adjusted valuation of property for each schooldistrict and each local system, for purposes of determining state aid pursuantto the Tax Equity and Educational Opportunities Support Act, shall reflectas nearly as possible state aid value as defined in subsection (3) of thissection. The Property Tax Administrator shall notify each school districtand each local system of its adjusted valuation for the current assessmentyear by class of property on or before October 10. Establishment of the adjustedvaluation shall be based on the taxable value certified by the county assessorfor each school district in the county adjusted by the determination of thelevel of value for each school district from an analysis of the comprehensiveassessment ratio study or other studies developed by the Property Tax Administrator,in compliance with professionally accepted mass appraisal techniques, as requiredby section 77-1327. The Tax Commissioner shall adopt and promulgate rulesand regulations setting forth standards for the determination of level ofvalue for state aid purposes.(3) For purposes of this section, state aid value means:(a) For real property other than agricultural and horticultural land,ninety-six percent of actual value;(b) For agricultural and horticultural land, seventy-two percent ofactual value as provided in sections 77-1359 to 77-1363. For agriculturaland horticultural land that receives special valuation pursuant to section 77-1344, seventy-two percent of special valuation as defined in section 77-1343;and(c) For personal property, the net book value as defined in section 77-120.(4) On or before November 10, any local system may file with the TaxCommissioner written objections to the adjusted valuations prepared by theProperty Tax Administrator, stating the reasons why such adjusted valuationsare not the valuations required by subsection (3) of this section. The TaxCommissioner shall fix a time for a hearing. Either party shall be permittedto introduce any evidence in reference thereto. On or before January 1, theTax Commissioner shall enter a written order modifying or declining to modify,in whole or in part, the adjusted valuations and shall certify the order tothe State Department of Education. Modification by the Tax Commissioner shallbe based upon the evidence introduced at hearing and shall not be limitedto the modification requested in the written objections or at hearing. A copyof the written order shall be mailed to the local system within seven daysafter the date of the order. The written order of the Tax Commissioner maybe appealed within thirty days after the date of the order to the Tax Equalizationand Review Commission in accordance with section 77-5013.(5) On or before November 10, any local system or county official mayfile with the Tax Commissioner a written request for a nonappealable correctionof the adjusted valuation due to clerical error as defined in section 77-128or, for agricultural and horticultural land, assessed value changes by reasonof land qualified or disqualified for special use valuation pursuant to sections 77-1343 to 77-1347.01. On or before thefollowing January 1, the Tax Commissioner shall approve or deny the requestand, if approved, certify the corrected adjusted valuations resulting fromsuch action to the State Department of Education.(6) On or before May 31 of the year following the certification of adjustedvaluation pursuant to subsection (2) of this section, any local system orcounty official may file with the Tax Commissioner a written request for anonappealable correction of the adjusted valuation due to changes to the taxlist that change the assessed value of taxable property. Upon the filing ofthe written request, the Tax Commissioner shall require the county assessorto recertify the taxable valuation by school district in the county on formsprescribed by the Tax Commissioner. The recertified valuation shall be thevaluation that was certified on the tax list, pursuant to section 77-1613,increased or decreased by changes to the tax list that change the assessedvalue of taxable property in the school district in the county in the priorassessment year. On or before the following July 31, the Tax Commissionershall approve or deny the request and, if approved, certify the correctedadjusted valuations resulting from such action to the State Department ofEducation.(7) No injunction shall be granted restraining the distribution of stateaid based upon the adjusted valuations pursuant to this section.(8) A school district whose state aid is to be calculated pursuant tosubsection (5) of this section and whose state aid payment is postponed asa result of failure to calculate state aid pursuant to such subsection mayapply to the state board for lump-sum payment of such postponed state aid.Such application may be for any amount up to one hundred percent of the postponedstate aid. The state board may grant the entire amount applied for or anyportion of such amount. The state board shall notify the Director of AdministrativeServices of the amount of funds to be paid in a lump sum and the reduced amountof the monthly payments. The Director of Administrative Services shall, atthe time of the next state aid payment made pursuant to section 79-1022, drawa warrant for the lump-sum amount from appropriated funds and forward suchwarrant to the district. SourceLaws 1990, LB 1059, § 9; Laws 1991, LB 829, § 32; Laws 1991, LB 511, § 76; Laws 1992, LB 245, § 81; Laws 1992, LB 719A, § 198; Laws 1994, LB 1290, § 7; Laws 1995, LB 490, § 185; R.S.Supp.,1995, § 79-3809; Laws 1996, LB 900, § 662; Laws 1996, LB 934, § 5; Laws 1996, LB 1050, § 24; Laws 1997, LB 270, § 103; Laws 1997, LB 271, § 53; Laws 1997, LB 342, § 4; Laws 1997, LB 595, § 6; Laws 1997, LB 713, § 3; Laws 1997, LB 806, § 46; Laws 1998, Spec. Sess., LB 1, § 24; Laws 1999, LB 194, § 34; Laws 1999, LB 813, § 22; Laws 2000, LB 968, § 80; Laws 2001, LB 170, § 28; Laws 2002, LB 994, § 30; Laws 2004, LB 973, § 66; Laws 2005, LB 126, § 46; Laws 2005, LB 263, § 16; Laws 2006, LB 808, § 46; Laws 2006, LB 968, § 16; Referendum 2006, No. 422; Laws 2007, LB334, § 101; Laws 2008, LB988, § 39; Laws 2009, LB166, § 21. Cross ReferencesTax Equalization and Review Commission Act, see section 77-5001. AnnotationsThe plain language of this section (formerly section 79-3809) requires the Nebraska Department of Revenue to adopt and promulgate rules and regulations to regulate the valuation process. Loup City Pub. Sch. v. Nebraska Dept. of Rev., 252 Neb. 387, 562 N.W.2d 551 (1997).

State Codes and Statutes

Statutes > Nebraska > Chapter79 > 79-1016

79-1016. Adjusted valuation; how established;objections; filing; appeal; notice; correction due to clerical error; injunctionprohibited.(1) On or before August 25, the county assessorshall certify to the Property Tax Administrator the total taxable value byschool district in the county for the current assessment year on forms prescribedby the Tax Commissioner. The county assessor may amend the filing for changesmade to the taxable valuation of the school district in the county if correctionsor errors on the original certification are discovered. Amendments shall becertified to the Property Tax Administrator on or before September 30.(2) On or before October 10, the Property Tax Administrator shall computeand certify to the State Department of Education the adjusted valuation forthe current assessment year for each class of property in each school districtand each local system. The adjusted valuation of property for each schooldistrict and each local system, for purposes of determining state aid pursuantto the Tax Equity and Educational Opportunities Support Act, shall reflectas nearly as possible state aid value as defined in subsection (3) of thissection. The Property Tax Administrator shall notify each school districtand each local system of its adjusted valuation for the current assessmentyear by class of property on or before October 10. Establishment of the adjustedvaluation shall be based on the taxable value certified by the county assessorfor each school district in the county adjusted by the determination of thelevel of value for each school district from an analysis of the comprehensiveassessment ratio study or other studies developed by the Property Tax Administrator,in compliance with professionally accepted mass appraisal techniques, as requiredby section 77-1327. The Tax Commissioner shall adopt and promulgate rulesand regulations setting forth standards for the determination of level ofvalue for state aid purposes.(3) For purposes of this section, state aid value means:(a) For real property other than agricultural and horticultural land,ninety-six percent of actual value;(b) For agricultural and horticultural land, seventy-two percent ofactual value as provided in sections 77-1359 to 77-1363. For agriculturaland horticultural land that receives special valuation pursuant to section 77-1344, seventy-two percent of special valuation as defined in section 77-1343;and(c) For personal property, the net book value as defined in section 77-120.(4) On or before November 10, any local system may file with the TaxCommissioner written objections to the adjusted valuations prepared by theProperty Tax Administrator, stating the reasons why such adjusted valuationsare not the valuations required by subsection (3) of this section. The TaxCommissioner shall fix a time for a hearing. Either party shall be permittedto introduce any evidence in reference thereto. On or before January 1, theTax Commissioner shall enter a written order modifying or declining to modify,in whole or in part, the adjusted valuations and shall certify the order tothe State Department of Education. Modification by the Tax Commissioner shallbe based upon the evidence introduced at hearing and shall not be limitedto the modification requested in the written objections or at hearing. A copyof the written order shall be mailed to the local system within seven daysafter the date of the order. The written order of the Tax Commissioner maybe appealed within thirty days after the date of the order to the Tax Equalizationand Review Commission in accordance with section 77-5013.(5) On or before November 10, any local system or county official mayfile with the Tax Commissioner a written request for a nonappealable correctionof the adjusted valuation due to clerical error as defined in section 77-128or, for agricultural and horticultural land, assessed value changes by reasonof land qualified or disqualified for special use valuation pursuant to sections 77-1343 to 77-1347.01. On or before thefollowing January 1, the Tax Commissioner shall approve or deny the requestand, if approved, certify the corrected adjusted valuations resulting fromsuch action to the State Department of Education.(6) On or before May 31 of the year following the certification of adjustedvaluation pursuant to subsection (2) of this section, any local system orcounty official may file with the Tax Commissioner a written request for anonappealable correction of the adjusted valuation due to changes to the taxlist that change the assessed value of taxable property. Upon the filing ofthe written request, the Tax Commissioner shall require the county assessorto recertify the taxable valuation by school district in the county on formsprescribed by the Tax Commissioner. The recertified valuation shall be thevaluation that was certified on the tax list, pursuant to section 77-1613,increased or decreased by changes to the tax list that change the assessedvalue of taxable property in the school district in the county in the priorassessment year. On or before the following July 31, the Tax Commissionershall approve or deny the request and, if approved, certify the correctedadjusted valuations resulting from such action to the State Department ofEducation.(7) No injunction shall be granted restraining the distribution of stateaid based upon the adjusted valuations pursuant to this section.(8) A school district whose state aid is to be calculated pursuant tosubsection (5) of this section and whose state aid payment is postponed asa result of failure to calculate state aid pursuant to such subsection mayapply to the state board for lump-sum payment of such postponed state aid.Such application may be for any amount up to one hundred percent of the postponedstate aid. The state board may grant the entire amount applied for or anyportion of such amount. The state board shall notify the Director of AdministrativeServices of the amount of funds to be paid in a lump sum and the reduced amountof the monthly payments. The Director of Administrative Services shall, atthe time of the next state aid payment made pursuant to section 79-1022, drawa warrant for the lump-sum amount from appropriated funds and forward suchwarrant to the district. SourceLaws 1990, LB 1059, § 9; Laws 1991, LB 829, § 32; Laws 1991, LB 511, § 76; Laws 1992, LB 245, § 81; Laws 1992, LB 719A, § 198; Laws 1994, LB 1290, § 7; Laws 1995, LB 490, § 185; R.S.Supp.,1995, § 79-3809; Laws 1996, LB 900, § 662; Laws 1996, LB 934, § 5; Laws 1996, LB 1050, § 24; Laws 1997, LB 270, § 103; Laws 1997, LB 271, § 53; Laws 1997, LB 342, § 4; Laws 1997, LB 595, § 6; Laws 1997, LB 713, § 3; Laws 1997, LB 806, § 46; Laws 1998, Spec. Sess., LB 1, § 24; Laws 1999, LB 194, § 34; Laws 1999, LB 813, § 22; Laws 2000, LB 968, § 80; Laws 2001, LB 170, § 28; Laws 2002, LB 994, § 30; Laws 2004, LB 973, § 66; Laws 2005, LB 126, § 46; Laws 2005, LB 263, § 16; Laws 2006, LB 808, § 46; Laws 2006, LB 968, § 16; Referendum 2006, No. 422; Laws 2007, LB334, § 101; Laws 2008, LB988, § 39; Laws 2009, LB166, § 21. Cross ReferencesTax Equalization and Review Commission Act, see section 77-5001. AnnotationsThe plain language of this section (formerly section 79-3809) requires the Nebraska Department of Revenue to adopt and promulgate rules and regulations to regulate the valuation process. Loup City Pub. Sch. v. Nebraska Dept. of Rev., 252 Neb. 387, 562 N.W.2d 551 (1997).

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter79 > 79-1016

79-1016. Adjusted valuation; how established;objections; filing; appeal; notice; correction due to clerical error; injunctionprohibited.(1) On or before August 25, the county assessorshall certify to the Property Tax Administrator the total taxable value byschool district in the county for the current assessment year on forms prescribedby the Tax Commissioner. The county assessor may amend the filing for changesmade to the taxable valuation of the school district in the county if correctionsor errors on the original certification are discovered. Amendments shall becertified to the Property Tax Administrator on or before September 30.(2) On or before October 10, the Property Tax Administrator shall computeand certify to the State Department of Education the adjusted valuation forthe current assessment year for each class of property in each school districtand each local system. The adjusted valuation of property for each schooldistrict and each local system, for purposes of determining state aid pursuantto the Tax Equity and Educational Opportunities Support Act, shall reflectas nearly as possible state aid value as defined in subsection (3) of thissection. The Property Tax Administrator shall notify each school districtand each local system of its adjusted valuation for the current assessmentyear by class of property on or before October 10. Establishment of the adjustedvaluation shall be based on the taxable value certified by the county assessorfor each school district in the county adjusted by the determination of thelevel of value for each school district from an analysis of the comprehensiveassessment ratio study or other studies developed by the Property Tax Administrator,in compliance with professionally accepted mass appraisal techniques, as requiredby section 77-1327. The Tax Commissioner shall adopt and promulgate rulesand regulations setting forth standards for the determination of level ofvalue for state aid purposes.(3) For purposes of this section, state aid value means:(a) For real property other than agricultural and horticultural land,ninety-six percent of actual value;(b) For agricultural and horticultural land, seventy-two percent ofactual value as provided in sections 77-1359 to 77-1363. For agriculturaland horticultural land that receives special valuation pursuant to section 77-1344, seventy-two percent of special valuation as defined in section 77-1343;and(c) For personal property, the net book value as defined in section 77-120.(4) On or before November 10, any local system may file with the TaxCommissioner written objections to the adjusted valuations prepared by theProperty Tax Administrator, stating the reasons why such adjusted valuationsare not the valuations required by subsection (3) of this section. The TaxCommissioner shall fix a time for a hearing. Either party shall be permittedto introduce any evidence in reference thereto. On or before January 1, theTax Commissioner shall enter a written order modifying or declining to modify,in whole or in part, the adjusted valuations and shall certify the order tothe State Department of Education. Modification by the Tax Commissioner shallbe based upon the evidence introduced at hearing and shall not be limitedto the modification requested in the written objections or at hearing. A copyof the written order shall be mailed to the local system within seven daysafter the date of the order. The written order of the Tax Commissioner maybe appealed within thirty days after the date of the order to the Tax Equalizationand Review Commission in accordance with section 77-5013.(5) On or before November 10, any local system or county official mayfile with the Tax Commissioner a written request for a nonappealable correctionof the adjusted valuation due to clerical error as defined in section 77-128or, for agricultural and horticultural land, assessed value changes by reasonof land qualified or disqualified for special use valuation pursuant to sections 77-1343 to 77-1347.01. On or before thefollowing January 1, the Tax Commissioner shall approve or deny the requestand, if approved, certify the corrected adjusted valuations resulting fromsuch action to the State Department of Education.(6) On or before May 31 of the year following the certification of adjustedvaluation pursuant to subsection (2) of this section, any local system orcounty official may file with the Tax Commissioner a written request for anonappealable correction of the adjusted valuation due to changes to the taxlist that change the assessed value of taxable property. Upon the filing ofthe written request, the Tax Commissioner shall require the county assessorto recertify the taxable valuation by school district in the county on formsprescribed by the Tax Commissioner. The recertified valuation shall be thevaluation that was certified on the tax list, pursuant to section 77-1613,increased or decreased by changes to the tax list that change the assessedvalue of taxable property in the school district in the county in the priorassessment year. On or before the following July 31, the Tax Commissionershall approve or deny the request and, if approved, certify the correctedadjusted valuations resulting from such action to the State Department ofEducation.(7) No injunction shall be granted restraining the distribution of stateaid based upon the adjusted valuations pursuant to this section.(8) A school district whose state aid is to be calculated pursuant tosubsection (5) of this section and whose state aid payment is postponed asa result of failure to calculate state aid pursuant to such subsection mayapply to the state board for lump-sum payment of such postponed state aid.Such application may be for any amount up to one hundred percent of the postponedstate aid. The state board may grant the entire amount applied for or anyportion of such amount. The state board shall notify the Director of AdministrativeServices of the amount of funds to be paid in a lump sum and the reduced amountof the monthly payments. The Director of Administrative Services shall, atthe time of the next state aid payment made pursuant to section 79-1022, drawa warrant for the lump-sum amount from appropriated funds and forward suchwarrant to the district. SourceLaws 1990, LB 1059, § 9; Laws 1991, LB 829, § 32; Laws 1991, LB 511, § 76; Laws 1992, LB 245, § 81; Laws 1992, LB 719A, § 198; Laws 1994, LB 1290, § 7; Laws 1995, LB 490, § 185; R.S.Supp.,1995, § 79-3809; Laws 1996, LB 900, § 662; Laws 1996, LB 934, § 5; Laws 1996, LB 1050, § 24; Laws 1997, LB 270, § 103; Laws 1997, LB 271, § 53; Laws 1997, LB 342, § 4; Laws 1997, LB 595, § 6; Laws 1997, LB 713, § 3; Laws 1997, LB 806, § 46; Laws 1998, Spec. Sess., LB 1, § 24; Laws 1999, LB 194, § 34; Laws 1999, LB 813, § 22; Laws 2000, LB 968, § 80; Laws 2001, LB 170, § 28; Laws 2002, LB 994, § 30; Laws 2004, LB 973, § 66; Laws 2005, LB 126, § 46; Laws 2005, LB 263, § 16; Laws 2006, LB 808, § 46; Laws 2006, LB 968, § 16; Referendum 2006, No. 422; Laws 2007, LB334, § 101; Laws 2008, LB988, § 39; Laws 2009, LB166, § 21. Cross ReferencesTax Equalization and Review Commission Act, see section 77-5001. AnnotationsThe plain language of this section (formerly section 79-3809) requires the Nebraska Department of Revenue to adopt and promulgate rules and regulations to regulate the valuation process. Loup City Pub. Sch. v. Nebraska Dept. of Rev., 252 Neb. 387, 562 N.W.2d 551 (1997).