Salem & Beverly Water Supply Board v. Commissioner of Revenue
Salem & Beverly Water Supply Board v. Commissioner of Revenue
Opinion of the Court
The Salem and Beverly water supply board (water supply board) appeals from a decision of the Appellate Tax Board (tax board) which affirmed a ruling of the Commissioner of Revenue (commissioner). The commissioner ruled, and the tax board agreed, that G. L. c. 59, § 5F, governed the valuation of the water supply board’s property for the purpose of deter
We summarize the facts, which are undisputed. The water supply board was created by St. 1913, c. 700 (Enabling Act), for the purpose of providing an additional water supply for the cities of Salem and Beverly. The Enabling Act authorized the water supply board on behalf of the two cities to take or acquire, by purchase or otherwise, all lands, rights-of-way, and easements within certain named cities and towns, including the town of Danvers, which might be necessary, in its opinion, for collecting, storing, holding, purifying, and preserving the purity of water taken under the authority of the Enabling Act.
The Enabling Act was amended by St. 1951, c. 697, § 1, to include specifically within the acquisition clause a 454-acre parcel located in Danvers. That property was acquired by the water supply board on April 22, 1953, by eminent domain for use as a reservoir. The amendment further provided that if the water supply board made takings of land in certain named cities and towns, including Danvers, for the purpose of a reservoir, it should annually pay to that city or town “such sums in lieu of taxes upon both land and buildings taken or acquired as provided in section seven A of chapter fifty-nine of the General Laws.”
General Laws c. 59, § 7A, inserted by St. 1945, c. 367, § 2, provided in pertinent part that land acquired on or after January 2, 1946, by a district, and held on January 1 in any year for any public purpose, and whose location was in a municipality other than those municipalities which constitute the district, was to be exempt from taxation. The holder of the land, however, was to pay to the municipality wherein the land was located, in lieu of taxes, the amount which would be assessable in such year upon a valuation equal to the average assessment, reduced by abatements, for the three years next preceding the acquisition of the land. The statute was amended by St. 1968, c. 497, § 2. That amendment included a provision which permitted the State Tax Commission to determine the
In 1978 and 1979, the Legislature made major changes in the property tax statutes. In 1978, the Legislature enacted St. 1978, c. 580, which by § 30 repealed G. L. c. 59, § 7A, in its entirety. In 1979, the Legislature replaced G. L. c. 59, § 7A, with G. L. c. 59, § 5F, inserted by St. 1979, c. 797, § 12. Section 5F does not include the requirement formerly contained in § 7A that payment in lieu of taxes “remain substantially the same as that made prior to such revaluation.”
The town of Danvers made a general revaluation of its real property for the purposes of taxation in 1981, and the first assessments under the revaluation were made in 1982. Pursuant to G. L. c. 59, § 5F, the commissioner
The water supply board contends that because the 1951 amendment (St. 1951, c. 697, § 2) to the Enabling Act incorporated by specific reference G. L. c. 59, § 7A, as in effect at the time of the 1951 amendment (i.e., as inserted by St. 1945,
As is often the case in regard to the law of statutory construction, there is an exception to the principles on which the water supply board bases its contention. The principles do not apply where “the legislature has expressly or by strong implication shown its intention to incorporate subsequent amendments with the statute.” Sutherland, supra at § 51.08. Those indicia of legislative intent are present here.
In the 1913 Enabling Act, the Legislature explicitly stated that future legislation would apply to the water supply board. The Act includes the following language: “Section 4. Subject to rights already granted or to be granted in the future by the general court and subject to such regulations and obligations as may hereafter be prescribed or imposed by the general court, or otherwise as provided in this section and the following sections, said board, acting in behalf of said cities, may, for the purpose of providing a further supply of water . . . take ... the waters of the Ipswich river . . . and ... all lands . . . within . . . Danvers . . . which may in its opinion be necessary . . . [emphasis supplied].” St. 1913, c. 700, § 4.
The 1951 amendment to the Enabling Act does not detract from the statutory directive that the water supply board’s power
In addition, the comprehensive revisions of G. L. c. 59 by St. 1978, c. 580, and St. 1979, c. 797, demonstrated legislative intent to govern the water supply board by current statutory obligations. Repeals by implication
The Supreme Judicial Court has described St. 1979, c. 797, as “a comprehensive scheme of property valuation and classifi
Decision of the Appellate TaxBoard affirmed.
This provision was subsequently deleted by St. 1978, c. 457, § 2.
In 1978 the commissioner succeeded to all the powers and duties of the State Tax Commission under G. L. c. 59, § 5F. See St. 1978, c. 514, §279.
In the three years prior to the general revaluation, the water supply board had paid the following amounts to Danvers in lieu of taxes:
Year Valuation Rate Paid
1978 $193,000 $70.09 $13,510
1979 $193,000. $74.00 $14,282
1980 $193,000 $74.00 $14,282
There is no question that the 1951 amendment to the Enabling Act is legislation of the specific reference type. “There are two general types of reference statutes: statutes of specific reference and statutes of general reference. A statute of specific reference, as its name implies, refers specifically to a particular statute by its title or section number. A general reference statute refers to the law on the subject generally.” 2A Sands, Sutherland Statutory Construction § 51.07 (4th ed. 1984).
General Laws c. 59, § 7A, was expressly repealed by St. 1978, c. 580, § 30. It is the “implied incorporation” of G. L. c. 59, § 5F, into St. 1913, c. 700, § 4A, to which the water supply board objects.
Reference
- Full Case Name
- Salem and Beverly Water Supply Board v. Commissioner of Revenue & another
- Cited By
- 4 cases
- Status
- Published