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§105-277.6 CH. 105. TAXATION
<br />§105 -277.7 1 §105 -277.8
<br />the deferred taxes and interest thereon for each listing period for
<br />which the failure to report continues. (1973, c. 709, s. 1; 1975, c.
<br />746, s. 8; 1987, c. 45, s. 1.)
<br />CASE NOTES
<br />Stated in W.R. Co. v. North Carolina
<br />Property Tax Comm'n, 48 N.C. App.
<br />245, 269 S.E.2d 636 (1980).
<br />§ 105 - 277.6. Agricultural, horticultural and forest -
<br />land - Appraisal; computation of de-
<br />ferred tax.
<br />(a) In determining the amount of the deferred taxes herein pro -
<br />vided, the assessor shall use the appraised valuation established in
<br />j the county's last general revaluation except for any changes made
<br />under the provisions of G.S. 105 -287.
<br />(b) In revaluation years, as provided in G.S. 105 -286, all property
<br />entitled to classification under, G.S. 105 -277.3 shall be reappraised
<br />at its true value in money and at its present use value as of the
<br />effective date of the revaluation. The two valuations shall continue
<br />in effect and shall provide the basis for deferred taxes until a
<br />change in one or both of the appraisals is required by law. The
<br />present use -value schedule, standards, and rules shall be used by
<br />the tax assessor to appraise property receiving the benefit of this
<br />classification until the next general revaluation of real property in
<br />the county as required by G.S. 105 -286.
<br />(c) Repealed by Session Laws 1987, c. 295, s. 2, effective January
<br />1, 1988. (1973, c. 709, s. 1; 1975, c. 746, ss. 9, 10; 1987, c. 295, s. 2.)
<br />Effect of Amendments. - Session section (b), and deleted subsection (c),
<br />Laws 1987, c. 295, s. 2, effective January relating to preparation of a schedule of
<br />1, 1988, added the last sentence of sub- land values, standards and rules.
<br />CASE NOTES
<br />This section mandates that true
<br />tion, the board of county commissioners
<br />value schedule and use value sched-
<br />was required to adopt a separate market
<br />ule be determined separately. In re
<br />value schedule and use value schedule.
<br />Parker, 76 N.C. App. 447, 333 S.E.2d
<br />In re Parker, 76 N.C. App. 447, 333
<br />749 (1985), decided prior to the 1987
<br />S.E.2d 749 (1985).
<br />amendments.
<br />Cited in In re McElwee, 304 N.C. 68,
<br />Under the plain language of this sec-
<br />283 S.E.2d 115 (1981).
<br />105 - 277.7. Use -Value Advisory Board,.
<br />The Use -Value Advisory Board is established under the supervi-
<br />sion of the Agricultural Extension Service of North Carolina State
<br />University. The Board shall annually submit to the Department of
<br />Revenue a recommended use -value manual developed in accor-
<br />dance with the guidelines in G.S. 105- 289(a)(5). In developing the
<br />manual, the Board may consult with federal and State agencies as
<br />needed. The Board shall submit to the Department of Revenue rec-
<br />ommendations concerning requirements for horticultural land used
<br />566
<br />CH. 105. TAXATION §105-277.8
<br />to produce evergreens intended for use as Christmas trees when
<br />requested to do so by the Department.
<br />The Board shall be chaired by the Director of the Agricultural
<br />,Extension Service of North Carolina State University and shall
<br />consist of the following additional members: a representative of the
<br />Department of Agriculture, designated by the Commissioner of Ag-
<br />riculture; a representative of the Forest Resources Division of the
<br />Department of Environment, Health, and Natural Resources, desig-
<br />nated by the Director of that Division; and a representative of the
<br />Agricultural Extension Service at North Carolina Agricultural and
<br />Technical State University, designated by the Director of the Ex-
<br />tension Service. All members shall serve ex officio. The Agricul-
<br />tural Extension Service at North Carolina State University shall
<br />provide clerical assistance to the Board. (1973, c. 709, s. 1; 1975, c.
<br />746, s. 11; 1985, c. 628, s. 2; 1989, c. 727, s. 218(44); c. 736, s. 2.)
<br />Editor's Note. - Session Laws 1987, Laws 1989, c. 727, s. 18, effective July 1,
<br />c. 45, s. 1, effective April 3, 1987, directs 1989, substituted "Environment,
<br />that reference to assessors be substi- Health, and Natural Resources" for
<br />tuted for reference to tax supervisors in "Natural Resources and Community De-
<br />a number of statutes, including this sec- velopment" in the first sentence of the
<br />tion. However, this section does not cur- second paragraph.
<br />rently contain any reference to tax su- Session Laws 1989, c. 736, s. 2, effec-
<br />pervisors. Therefore, no change has been tive for taxable years beginning on or
<br />made in this section pursuant to c. 45. after January 1, 1990, added the last
<br />Effect of Amendments. - Session sentence of the first paragraph.
<br />§ 105 - 277.8. ' Taxation of property of nonprofit
<br />homeowners' association.
<br />(a) The value of real and personal property owned by a nonprofit
<br />homeowners' association shall be included in the appraisals of prop-
<br />erty owned by members of the association and shall not be assessed
<br />against the association if:
<br />(1) All property owned by the association is held for the* use,
<br />benefit, and enjoyment of all members of the association
<br />equally;
<br />i (2) Each member of the association has an irrevocable right to
<br />use and enjoy, on an equal basis, all property owned by the
<br />association, subject to any restrictions imposed by the in-
<br />struments conveying the right or the rules, regulations, or
<br />bylaws of the association; and
<br />(3) Each irrevocable right to use and enjoy all property owned
<br />by the association is appurtenant to taxable real property
<br />owned by a member of the association.
<br />The assessor may allocate the value of the association's property
<br />among the property of the association's members on any fair and
<br />reasonable basis.
<br />s (b) As used in this section, "nonprofit homeowners' association"
<br />means a homeowners' association as defined in § 528(c) of the In-
<br />ternal Revenue Code. (1979, c. 686, s. 1; 1987, c. 130.)
<br />Effect of Amendments. - The 1987 Legal Periodicals. - For survey of
<br />amendment, effective January 1, 1988, 1979 tax law, see 58 N.C.L. Rev. 1548
<br />rewrote this section. (1980).
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