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57-07 Correction of Assessments of Public Utility Property

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CHAPTER 57-07CORRECTION OF ASSESSMENTS OF PUBLIC UTILITY PROPERTY57-07-01.Duty of tax commissioner upon omission or false statement inassessment. Whenever after the final adjournment of the state board of equalization the tax<br>commissioner discovers that any taxable property which is subject to assessment by the board<br>has been omitted in whole or in part in the assessment of any year or years, not exceeding six<br>years, or that any company having property subject to assessment by the board has:1.Filed with the tax commissioner or board a false statement as to such property;2.Omitted from any such statement property subject to taxation; or3.Neglected or refused to file such statement,the tax commissioner thereupon shall assess such omitted property at its just and true value for<br>each year in which such property was omitted or escaped taxation, not exceeding six years.57-07-02. Notice to be given. The tax commissioner shall give notice by mail to thecompany owning any property, which has escaped taxation, of the tax commissioner's action in<br>assessing the property and shall describe the property and the amount of such assessment and<br>notify such company to appear before the tax commissioner at the tax commissioner's office at a<br>specified time within fifteen days after such notice to show cause, if any, why such property<br>should not be added to the assessment rolls.57-07-03.Tax commissioner to act as assessor.If the company or agent orrepresentative thereof, does not appear, or, if after appearance, there is a failure to give good<br>and sufficient reasons why such assessment should not be made, the same must be made. The<br>tax commissioner, in discharging the duties imposed upon the tax commissioner by the<br>provisions of this chapter, may exercise the powers conferred upon the state board of<br>equalization.57-07-04. Appeal to state board of equalization. If any company is aggrieved by anyassessment of omitted property made by the tax commissioner under this chapter, it has the right<br>to appeal to the state board of equalization for a review of such assessment. Such appeal must<br>be taken by filing a notice of appeal with the tax commissioner within thirty days after the hearing<br>date specified in the notice provided by section 57-07-02.57-07-05. Hearing on appeal. In case any appeal to the state board of equalization isfiled, the tax commissioner shall call a meeting of the board at a specified time to be approved by<br>the governor, at which time any company protesting the assessment of omitted property may be<br>heard. Due notice of the time and place of the meeting must be given to the taxpayer appealing.<br>After consideration of the facts, the board shall fix the assessment of property according to the<br>best judgment of the board.57-07-06. Taxation of omitted property. The valuation of any omitted property must beapportioned to the county or counties in which located proportionately to the regular assessment<br>of such property. Taxes levied against escaped property or omitted property must be levied and<br>collected in the same manner as though such property had been regularly on the assessment<br>rolls and tax lists.Page No. 1Document Outlinechapter 57-07 correction of assessments of public utility property