5-2-115 - Location of boundaries Assessment of property Effects of county boundary changes Notification.
5-2-115. Location of boundaries Assessment of property Effects of county boundary changes Notification.
(a) In circumstances where property is claimed to be located within the boundaries of two (2) adjoining counties and the property has been assessed for property taxation by both counties, the location of county boundaries shall be determined by the state board of equalization.
(b) If the state board determines that the entire property lies within either of the respective counties, it shall declare the assessment made by the other county void.
(c) Upon a determination by the state board that the property is partially located within the boundaries of both counties, it shall determine the number of acres or amount of property lying within each of the respective counties and determine the pro rata value of the property lying within each of the counties and assess the same pursuant to the provisions of § 67-5-505.
(d) (1) Except as provided in subdivision (d)(2), when property has been assessed for property taxation in one (1) county for five (5) years or more, the state board shall not have the authority to rule that such property shall be located in a different county.
(2) The state board shall have the authority to rule that property be located in a different county, notwithstanding the fact that the property has been assessed for property taxation in a different county for five (5) years or more, only in the following circumstances:
(A) The general assembly has enacted legislation prior to April 5, 2000 to change the county lines and a copy of such public act, certified by the secretary of state, is filed with the state board; and
(B) A resolution adopted by a two-thirds (2/3) vote of the county legislative body of each county affected by the boundary line change is filed with the state board indicating the approval of such county legislative body that the property be included in the county that had not been assessing taxation for such period of time.
(3) Upon receiving such information, the state board shall change its records to indicate the location of the county boundary line in accordance with the public act passed by the general assembly and filed with the state board in accordance with subdivision (d)(2). The state board shall also notify the state division of property assessment of such change in order that such division shall have accurate information to revise the property maps for such counties.
[Acts 1972, ch. 622, § 2; 1975, ch. 156, § 1; T.C.A., § 5-215; Acts 2000, ch. 622, § 1.]