GENERAL ASSEMBLY OF NORTH CAROLINA

1987 SESSION

 

 

CHAPTER 655

HOUSE BILL 1194

 

AN ACT CLARIFYING THE APPRAISAL OF REAL PROPERTY IN NON-REAPPRAISAL YEARS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 105-287 is rewritten to read:

"§ 105-287.  Changing appraised value of real property in years in which general reappraisal or horizontal adjustment is not made.-(a)  In a year in which a general reappraisal or horizontal adjustment of real property in the county is not made, the assessor shall increase or decrease the appraised value of real property, as determined under G.S. 105-286, to:

(1)       Correct a clerical or mathematical error;

(2)       Correct an appraisal error resulting from a misapplication of the schedules, standards, and rules used in the county's most recent general reappraisal or horizontal adjustment; or

(3)       Recognize an increase or decrease in the value of the property resulting from a factor other than one listed in subsection (b).

(b)       In a year in which a general reappraisal or horizontal adjustment of real property in the county is not made, the assessor may not increase or decrease the appraised value of real property, as determined under G.S. 105-286, to recognize a change in value caused by:

(1)       Normal, physical depreciation of improvements;

(2)       Inflation, deflation, or other economic changes affecting the county in general; or

(3)       Betterments to the property made by:

a.         Repainting buildings or other structures;

b.         Terracing or other methods of soil conservation;

c.         Landscape gardening;

d.         Protecting forests against fire; or

e.         Impounding water on marshland for non-commercial purposes to preserve or enhance the natural habitat of wildlife.

(c)       An increase or decrease in the appraised value of real property authorized by this section shall be made in accordance with the schedules, standards, and rules used in the county's most recent general reappraisal or horizontal adjustment.  An increase or decrease in appraised value made under this section is effective as of January 1 of the year in which it is made and is not retroactive.  This section does not modify or restrict the provisions of G.S. 105-312 concerning the appraisal of discovered property.

(d)       Notwithstanding subsection (a), if a tract of land has been subdivided into lots and more than five acres of the tract remain unsold by the owner of the tract, the assessor may appraise the unsold portion as land acreage rather than as lots.  A tract is considered subdivided into lots when the lots are located on streets laid out and open for travel and the lots have been sold or offered for sale as lots since the last appraisal of the property."

Sec. 2.  This act shall become effective January 1, 1988.

In the General Assembly read three times and ratified this the 22nd of July, 1987.