Section 847. Alternative county tax apportionment  


Latest version.
  • 1. Notwithstanding the
      provisions of section eight hundred forty-four of this title, any county
      to which this title is applicable, and which includes a designated large
      property, as determined by  the  state  board,  may  provide  by  annual
      resolution, adopted on or before November first of each year, that taxes
      to  be  levied for the upcoming fiscal year shall be apportioned to each
      city or town in  accordance  with  the  provisions  set  forth  in  this
      section.
        2.  A  designated  large  property  is real property consisting of one
      parcel on an assessment roll or multiple parcels on an  assessment  roll
      under common ownership that meet all of the following criteria:
        (a)  the  large property constitutes five percent or more of the total
      assessed value used to establish the latest state equalization rate  and
      constitutes five percent or more of the total assessed value of a school
      district segment of the city or town;
        (b)  the  full  value estimate of the large property used by the state
      board to establish the latest state equalization rate is at  least  five
      million dollars; and
        (c)  the  percentage  difference between the latest state equalization
      rate and  the  apportionment  equalization  rate  computed  pursuant  to
      subdivision four of this section is at least five percent.
        3.  Within  five  days  of the establishment of the latest final state
      equalization rate, the state board shall  notify  both  the  appropriate
      county  and  the  assessing  unit of such designation. Such notice shall
      contain instructions for the apportionment of the tax levy in accordance
      with the provisions of subdivision  seven  of  this  section  and  shall
      contain  an  apportionment  rate computed in accordance with subdivision
      four of this section.
        4. The apportionment rate shall be the latest final state equalization
      rate, computed exclusive of the  total  assessed  value  or  full  value
      estimate of the designated large property.
        5.  If there is a change in level of assessment between the assessment
      roll for which the latest final state equalization rate  is  established
      and  the  assessment  roll  upon  which  the  county  tax is levied, the
      apportionment rate  for  county  tax  apportionment  purposes  shall  be
      adjusted by multiplying the apportionment rate by the change in level of
      assessment.
        6.  Within  five  days  of receiving notification from the state board
      that a designated large property exists, the assessor shall  certify  to
      the  county  the assessed value of the designated large property for the
      purpose of apportioning and levying taxes. A copy  of  such  certificate
      shall also be provided to the state board.
        7. The county shall apportion and levy its taxes as follows:
        (a)  The tax shall be apportioned in accordance with the provisions of
      this title.
        (b) The amount of tax to be raised from the designated large  property
      shall  be  determined  by multiplying the appropriate assessed value tax
      rate determined in accordance with paragraph (a) of this subdivision  by
      the  taxable  assessed value of the designated large property within the
      county. This shall be the amount of the tax levied upon  the  designated
      large property.
        (c)  The amount of tax for the designated large property determined in
      paragraph (b) of this subdivision shall be  subtracted  from  the  total
      amount of real property tax to be raised throughout the county.
        (d)  The  resulting  tax  levy  from paragraph (c) of this subdivision
      shall be reapportioned among  all  other  property  within  the  county,
      exclusive  of  the designated large property. This reapportionment shall
      be done in accordance with this title, except that:
    
        (i) The assessed value of  the  designated  large  property  shall  be
      subtracted  from  the  assessed  value  of  the appropriate city or town
      segment used in the initial apportionment of the tax in paragraph (a) of
      this subdivision.
        (ii)  The  apportionment  rate  shall  be  used  for  the city or town
      containing the designated large property.
        (iii) For all cities and towns not  containing  the  designated  large
      property,  the  assessed values and equalization rates shall be the same
      amounts used in paragraph (a) of this subdivision.
        (e) Separate assessed value tax rates  shall  be  determined  for  the
      designated large property and the other property within the city or town
      where the designated large property is located.
        (f)  In  the event that there are multiple designated large properties
      within the county, the amount of tax to be levied upon  each  designated
      large  property  to  be  determined in paragraph (b) of this subdivision
      shall be summed and treated as one amount for determining the amount  of
      tax  to  be  raised from the remaining property in paragraph (c) of this
      subdivision.