Brock v. North Carolina Property Tax Commission

Court of Appeals of North Carolina
Brock v. North Carolina Property Tax Commission, 29 N.C. App. 324 (1976)
224 S.E.2d 295; 1976 N.C. App. LEXIS 2467
Clark, Martin, Vaughn

Brock v. North Carolina Property Tax Commission

Opinion of the Court

MARTIN, Judge.

Petitioners contend that the North Carolina Property Tax Commission erred in dismissing their appeal without allowing petitioners the opportunity to offer evidence and to be heard on the merits of their appeal.

G.S. 105-317 provides that prior to the octennial revaluation of real property in any county, the tax supervisor must prepare countywide valuation schedules to be used by the appraisers in valuing individual tracts of land. When the schedules are approved by the county commissioners, a notice to that effect must be published in a newspaper with general circulation in the county. Within thirty days after publication of the notice, any property owner may contest the schedules by appealing to the Property Tax Commission. After the thirty day period has passed, the schedules may no longer be challenged, and taxpayers appealing the valuation of their property may only contest the application of the schedules to their individual tracts.

In the present case, the notice of approval of valuation schedules was published in three newspapers on or before 12 September 1973, and petitioners’ notice of appeal was not filed until 31 May 1974. Petitioners contend that even though their appeal was not filed within 30 days after publication of the notice, it should not have been dismissed. To support this contention, petitioners make several arguments. First, they argue that the county commissioners did not “approve” the valuation schedules as required by the statute, but only “accepted” them. We find this argument to be without merit.

Another argument put forth by petitioners is that the newspapers in which the notice of adoption of the valuation schedules was published are not newspapers of general circulation in Jones County. Under G.S. 1-598, the affidavits of publication, signed by employees of the three newspapers in which notice of adoption of the schedules was published, were sufficient to establish that these newspapers had a general circulation in Jones County.

A further argument advanced by petitioners is that the provision of the statute allowing notice of adoption of the valuation schedules to be given by publication violates the due process clause of the Constitution. We find this argument to be without merit.

*327Petitioners also argue that they were not challenging the valuation schedules, but rather the application of the valuation schedules to their individual tracts. Petitioners’ notice of appeal and application for hearing clearly show that they were not contending that their own tracts were overvalued in comparison to other land in the county, but were instead contending that all farm land and woods land in Jones County was valued too high. Such a contention amounts to a challenge of the valuation schedules.

For the above reasons, the decision of the trial court is

Affirmed.

Judge Vaughn dissents. Judge Clark concurs.

Concurring Opinion

Judge Clark

concurring.

I concur in the result and concede that petitioners requested “a percentage reduction of all farm property in Jones County.” However, in their brief and in the hearing before this Court, the petitioners contend that they are challenging only the application of valuation schedules to their individual tracts. Further, in the hearing before this Court counsel for respondent Jones County Board of Equalization and Review indicated that said respondent had no objection to now applying the valuation schedules to the individual tracts of the petitioners. Under these circumstances, it is my opinion that this cause should be remanded to the Jones County Board of Equalization and Review so that it may determine if, as so indicated to this Court, it now elects to apply the valuation schedules to the individual tracts of the petitioners.

Reference

Full Case Name
DONALD P. BROCK J. K. WARREN, JR. W. B. HARGETT H. C. BELL MARY ELIZABETH BROCK McDANIEL P. NELSON BANKS HAROLD H. BATE R. C. TYNDALL, JR. G. B. FOY C. C. JONES, JR. W. W. BRAFFORD ROBERT R. RIGGS ERNEST B. RIGGS HAROLD RIGGS FRED D. RIGGS RUSSELL J. RIGGS DALTON EUBANKS RALPH NOBLES JERRY T. RIGGS J. C. ARTHUR E. N. RIGGS W. H. RIGGS ALTON ARTHUR C. B. ARTHUR BEN DILLAHUNT THOMAS ARTHUR C. FELIX HARVEY JULIAN G. HOFMANN CARLTON A. POLLACK MRS. ORA D. POLLOCK SYLVANUS D. MALLARD EDNA T. MALLARD WILLIAM V. GRIFFIN MRS. V. C. GRIFFIN D. E. TAYLOR HUGH B. OLIVER W. DENFORD EUBANK LINDY HARTSELL CHRIS R. EUBANKS HUBERT L. JENKINS FELTON EUBANKS CORENA ANDREWS W. ARCHIE EUBANKS MR. M. R. WILLIAMS RALPH JONES JOE MONETTE RAY COLLINS RAY HILL MYRAL COLLINS W. W. SIMPSON RICHARD H. PARKER RUDOLPH HUMPHREY ERNEST W. HUMPHREY JESSIE G. BYNUM HAROLD MATTOCKS, JR. WILLIAM F. MATTOCKS J. J. CONWAY R. E. PROVOST CLINTON PHILLIPS EUGENE SIMPSON WAYNE SIMPSON JOHNNY TOLER JOHN H. TOLER ROBERT H. TOLER SAMUEL RIGGS MELVIN E. HARRIS MARY WOOTEN EDWARD MEADOWS CLEVE B. PROVOST, SR. LELA S. EUBANK HERBERT CONWAY ELIJAH RIGGS FURNEY COLLINS HEIRS JAMES A. SIMPSON JOE ED COLLINS JOHN D. CARROWAY MACK O. DANIELS M. O. LaROQUE NEIL RIGGS AUGUSTA FRANKS SPENCER HASKINS, JR. MARTHA LOUISE and GLENNIE HASKINS PRESTON D. REYNOLDS REX MILLS WILLIAM E. KORNEGAY C. V. MILLS FRANK HOWARD ALVA B. HOWARD MARVIN BANKS EARL F. GREENE WILLIAM MILLS NINA T. MILLS HARVEY KING J. E. TURNER, JR. CONRAD JONES LINWOOD F. COX CARL KILLINGSWORTH FRED HILL ESSIE M. WHITE B. B. STANLEY HAZEL H. TURNAGE PRESTON H. BANKS LINWOOD B. SCOTT NANNIE E. SCOTT H. V. WILSON RACHEL K. BANKS ALPHEUS BANKS BEN LANG JOHN PARKS, and HENRY FOSCUE v. NORTH CAROLINA PROPERTY TAX COMMISSION sitting as the STATE BOARD OF EQUALIZATION AND REVIEW N. D. McNAIRY, CHAIRMAN WAYNE A. CORPENING, ROBERT C. BLACK, KYLE HARRINGTON and MRS. E. B. HOWARD, MEMBERS OF THE NORTH CAROLINA PROPERTY TAX COMMISSION sitting as the STATE BOARD OF EQUALIZATION AND REVIEW
Cited By
1 case
Status
Published