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- <br /> ; , n <br /> 4r • <br /> § 105-$2¢ § 105-325 CH, 105. TAXATION § 105-325 j <br /> lization and review to an order of the county board shall Judicial review of the State Board's <br /> er the provisions of appeal to the State Property Tax Corn- (now Property Tax Commission) admin- <br /> er the p 105-277,o- mission. In turn, a taxpayer who is un- istrative decisions is always available. <br /> ber 312 a the board of satisfied with the decision of the Prop- In re Reeves Broadcasting Corp., 273 <br /> erty Tax Commission shall appeal to the N.C.571, 160 S.E.2d 728(1968i. <br /> n and review may North Carolina Court of Appeals, and When a judicial review is sought in <br /> and review entered then to the North Carolina Supreme the superior court on the record made <br />[05-322, or 105-312 Court. Johnston v. Gaston County, — before the State Board (now Property <br /> mission. To N.C.App.—,323 S.E.2d 381(1984), <br /> mss days perfect Valuation by Property Tax Corn- Tax Commission), findings court is variance <br /> Y after the mission Is Final and Conclusive. — with findings make of the at eaBoard <br /> e notice of its deci- This section contemplates that valua- wtth the findings of the State Board <br /> t written notice of tion fixed by the State Board(now Prop- (new Property Tax Commission) which <br /> of appeal with the erty Tax Commission)shall be final and are supported ey use that and the exclu- <br /> conclusive the Property conclusive where no error of law or tial evidence because that is the exclu <br />>ert Tax Commis- abuse of discretion is alleged. Belk's sive function of the State Board of As- <br /> with <br /> Dep't Store v.Guilford County,222 N.C. sion). I t snow Property Tax Commis, <br /> 5-290(b). 441,23 S.E.2d 897(1943),citing Wade v. 273 In 571,Reeves Broadcasting(196 Corp., <br /> ber of the board 73 N.C.571,160 S.E.2d 728(1968), <br /> and Of Commissioners of Craven County, 74 <br />:he board of county N.C.81(1876). Administrative Remedies Must <br /> of G.S. 105-287, The State Board (now Property Tax First Be Exhausted.e The legislature <br /> Property Tax Corn Commission) has full authority, not- has provided adequate means whereby <br /> appellants shall, withstanding irregularities at the the individual taxpayer may contest not <br /> county level,to determine the valuation only the valuation which the county <br /> ioners has entered and enter it accordingly.Such valuation Commissioners have placed upon his own <br />, written notice of so fixed is final and conclusive unless property but the entire tax list or assess- <br /> 3f appeal with the error of law or abuse of discretion is ment roll, and he must exhaust this ad- <br /> with the Property shown.In re Reeves Broadcasting Corp., ministrative remedy before he can resort <br /> Brty Tax Commis- 273 N.C.571,160 S.E.2d 728(1968). to the courts. King v.Baldwin,276 N.C. <br /> 5-290(b). The legislature's intent is that the 316,172 S.E.2d 12(1970). <br /> hall be deemed to agency designated to hear appeals in all The superior court has no authority to <br /> matters pertaining to tax valuations issue mandamus commanding the corn- <br />' the Commission, should also be the one empowered to missioners to revalue all real property <br /> s. 1; 1973,e. 476, make the final valuation. The State in the county at its true value in money, <br /> Board of Assessment(now Property Tax since taxpayers must first exhaust the <br /> Commission)—unlike the courts--has statutory administrative remedies in <br /> the staff,the specialized knowledge and the county board of equalization and re- <br /> expertise necessary to make informed view and in the State Board of Assess- <br /> decisions upon questions relating to the ment (now Property Tax Commission) <br /> valuation and assessment of property. before they can resort to the superior <br /> King v. Baldwin, 276 N.C. 316, 172 court. King v. Baldwin, 276 N.C. 316, <br /> S.E.2d 12(1970). 172 S.E.2d 12(1970). <br /> rder and appeal to the Established Fact of Common Applied in In re King, 281 N.C. 533, <br />'roperty Tax Commis- Knowledge Must Be Considered. — 189 S.E.2d 158(1972). <br /> laintiffs may resort to The Property Tax Commission is neither Quoted in In re Certain Tobacco, 52 <br /> to obtain judicial re- required nor permitted to shut its eyes N.C.App.299,278 S.E.2d 575(1981). <br /> sw or abuse of discre- to an established fact of common knowl- Cited in In re Bosley, 29 N.C. App. <br /> Board (now Property edge. In re Valuation of Property Lo- 468. 224 S.E.2d 686 (19761: In re <br /> King v. Baldwin,276 cated at 411-417 W.Fourth St.,282 N.C. Barham. 70 N.C. App. 236, 319 S.E.2d <br /> d 12(1970), 71,191 S.E,2d 692(1972). 657(1984), <br /> aw provides two eve- <br /> taxpayer may seek <br /> ust property tax as- § 105-325. Powers of board of county commis- <br /> trative review fol- sioners to change abstracts and tax <br /> view in the Court of <br /> t judicial review in records after board of equalization and <br /> court. Administra- review has adjourned. <br /> the county board of <br /> review. The county (a) After the board of equalization and review has finished its <br /> on to ,;ear any tae• work and the changes it effected or ordered have been entered on <br /> iplaint as to the list- the abstracts and tax records as required by G.S. 105-323, the board <br /> his or others'prop- of county commissioners shall not authorize any changes to be <br /> vho wishes to except made on the abstracts and tax records except as follows: <br /> 653 <br />