67-5-801 - Classification and rate of assessment.

67-5-801. Classification and rate of assessment.

(a)  For the purposes of taxation, all real property, except vacant or unused property or property held for use, shall be classified according to use and assessed as provided in this section:

     (1)  Public Utility Property.  Public utility property shall be assessed at fifty-five percent (55%) of its value;

     (2)  Industrial and Commercial Property.  Industrial and commercial property shall be assessed at forty percent (40%) of its value;

     (3)  Residential Property.  Residential property shall be assessed at twenty-five percent (25%) of its value; and

     (4)  Farm Property.  Farm property shall be assessed at twenty-five percent (25%) of its value.

(b)  Where a parcel of real property is used for more than one (1) purpose, which would result in different subclassifications and different assessment percentages, then it shall be apportioned among the subclasses according to guidelines established by rules and regulations of the state board of equalization.

(c)  (1)  All real property that is vacant, or unused, or held for use, shall be classified according to its immediate most suitable economic use, which shall be determined after consideration of:

          (A)  Immediate prior use, if any;

          (B)  Location;

          (C)  Zoning classification; provided, that vacant subdivision lots in incorporated cities, towns, or urbanized areas shall be classified as zoned, unless upon consideration of all factors, it is determined that such zoning does not reflect the immediate most suitable economic use of the property;

          (D)  Other legal restrictions on use;

          (E)  Availability of water, electricity, gas, sewers, street lighting, and public services;

          (F)  Size;

          (G)  Access to public thoroughfares; and

          (H)  Any other factors relevant to a determination of the immediate most suitable economic use of the property.

     (2)  If, after consideration of all such factors, any such real property does not fall within any of the definitions and classifications in this section, such property shall be classified and assessed as farm or residential property.

[Acts 1973, ch. 226, § 6; T.C.A., § 67-611.]