Section 844. Use of county equalization rates  


Latest version.
  • 1. In any county to which
      this title is applicable, county taxes shall be  apportioned  among  the
      cities and towns within the county on the basis of the proportion of the
      total full valuation of taxable real property within the county which is
      located  within  each  city  and  town.  This  total  valuation shall be
      determined by dividing  the  taxable  assessed  value  of  taxable  real
      property  by the appropriate city or town equalization rate as certified
      by the state board pursuant to this title. For purposes of this section:
      (a) "taxable real property" excludes real property which, by statute, is
      wholly exempt from county taxation,  (b)  "taxable  assessed  value"  is
      limited to the assessed value actually subject to county taxation except
      that it also includes the amount of assessed value partially exempt from
      county  taxation pursuant to (i) sections four hundred fifty-eight, four
      hundred sixty and four hundred sixty-four of this chapter, and (ii) such
      other sections of law as the county legislature designates by resolution
      to be included in the total valuation. Where the state  board  furnishes
      the same state equalization or special equalization rate for two or more
      of  the  cities  and  towns  in the county for use by that county in the
      apportionment of taxes, the state  board  shall  concurrently  therewith
      notify  the  county  that  county taxes may be apportioned in the manner
      provided by subdivision two of this section.
        2. When the state board has furnished the same state  equalization  or
      special  equalization  rate for two or more of the cities and towns in a
      county for use by that county in the apportionment of taxes, the  county
      may  apportion  its  levy as follows: (a) The county shall determine the
      amount of county tax to be raised from each city and town in the  county
      in  accordance  with the provisions set forth in subdivision one of this
      section.
        (b) For those cities and towns with respect to which the  state  board
      has  furnished the same state equalization or special equalization rate,
      the amount of county tax to be raised in aggregate  from  each  part  of
      such  city  or  town  is the sum of the amounts determined for each such
      city and town in accordance with paragraph (a) of this subdivision. This
      aggregate amount of school tax shall be apportioned to each such city or
      town in proportion to the sum of the assessed value actually subject  to
      the taxation for county purposes.
        3.  On  or before the first day of February in each year, the clerk of
      the county legislative body shall transmit to the state  board,  in  the
      form  prescribed  by  it,  a  statement  for the preceding calendar year
      showing the taxable assessed value of taxable real property of each city
      and town; the taxable assessed value  upon  which  the  county  tax  has
      actually  been  levied;  the  county  equalization rate certified by the
      state board; the full  valuation  of  taxable  real  property  used  for
      apportioning the tax levy between municipalities; whether any taxes were
      apportioned  pursuant  to  the  provisions  of  subdivision  two of this
      section;  and  a  list  of  the  partial  exemptions  which  the  county
      legislature has, by resolution adopted pursuant to this section, elected
      to  include  in  the  taxable  assessed value actually subject to county
      taxation. The time for transmitting such statement may  be  extended  by
      the  state  board  for  good  cause  shown  by  the  clerk of the county
      legislative body.
        4. If it appears to the board of supervisors  of  any  county  that  a
      clerical  error has been made by the county equalization agency and that
      by reason of such error injustice has been done to one or more cities or
      towns and that two years have not elapsed since  the  equalization,  the
      error  may be corrected by the board of supervisors. If the equalization
      cannot be corrected before taxes are levied on the basis  thereof,  such
      board  shall determine the amount of county taxes paid or payable by any
    
      such city or town under such equalization in excess of or less than that
      which such city or town would  have  paid  under  such  equalization  as
      corrected.  The  excess  shall be subtracted, or the deficiency shall be
      added,  from  or to the next county tax levy in such city or town as the
      situation may require.