(a) (1) Notwithstanding any other provision of law, pursuant
to the authority of paragraph (3) of subdivision (e) of Section 2 of
Article XIIIA of the California Constitution, a county board of
supervisors, after consultation with affected local agencies located
within the boundaries of the county, may adopt an ordinance that
authorizes the transfer, subject to the conditions and limitations of
this section, of the base year value of real property that is
located within another county in this state and has been
substantially damaged or destroyed by a disaster to comparable
replacement property, including land, of equal or lesser value that
is located within the adopting county and has been acquired or newly
constructed as a replacement for the damaged or destroyed property
within three years after the damage or destruction of the original
property.
   (2) The base year value of the original property shall be the base
year value of the original property as determined in accordance with
Section 110.1, with the inflation factor adjustments permitted by
subdivision (f) of Section 110.1, determined as of the date
immediately prior to the date that the original property was
substantially damaged or destroyed.  The base year value of the
original property shall also include any inflation factor adjustments
permitted by subdivision (f) of Section 110.1 for the period
subsequent to the date of the substantial damage to, or destruction
of, the original property and up to the date the replacement property
is acquired or newly constructed, regardless of whether the claimant
continued to own the original property during this entire period.
The base year or years used to compute the base year value of the
original property shall be deemed to be the base year or years of any
property to which that base year value is transferred pursuant to
this section.
   (b) For purposes of this section:
   (1) "Affected local agency" means any city, special district,
school district, or community college district that receives an
annual allocation of ad valorem property tax revenues.
   (2) "Claimant" means an owner or owners of real property claiming
the property tax relief provided by this section.
   (3) "Comparable replacement property" means a replacement property
that has a full cash value of equal or lesser value as defined in
paragraph (6).
   (4) "Consultation" means a noticed hearing, that is conducted by a
county board of supervisors concerning the adoption of an ordinance
described in subdivision (a) and with respect to which all affected
local agencies within the boundaries of the county are provided with
reasonable notice of the time and the place of the hearing and a
reasonable opportunity to appear and participate.
   (5) "Disaster" means a major misfortune or calamity in an area
subsequently proclaimed by the Governor to be in a state of disaster
as a result of the misfortune or calamity.
   (6) "Equal or lesser value" means that the amount of the full cash
value of the replacement property does not exceed one of the
following:
   (A) One hundred five percent of the amount of the full cash value
of the original property if the replacement property is purchased or
newly constructed within the first year following the date of the
damage or destruction of the original property.
   (B) One hundred ten percent of the amount of the full cash value
of the original property if the replacement property is purchased or
newly constructed within the second year following the date of the
damage or destruction of the original property.
   (C) One hundred fifteen percent of the amount of the full cash
value of the original property if the replacement property is
purchased or newly constructed within the third year following the
date of the damage or destruction of the original property.
   For the purposes of this paragraph, if the replacement property
is, in part, purchased and, in part, newly constructed, the date the
"replacement property is purchased or newly constructed" is the date
of the purchase or the date of completion of new construction,
whichever is later.
   (7) "Full cash value of the original property" means its full cash
value, as determined in accordance with Section 110, immediately
prior to its substantial damage or destruction, as determined by the
county assessor of the county in which the property is located.
   (8) "Full cash value of the replacement property" means its full
cash value, as determined in accordance with Section 110.1 as of the
date upon which it was purchased or new construction was completed,
that is applicable on and after that date.
   (9) "Original property" means a building, structure, or other
shelter constituting a place of abode, whether real property or
personal property, that is owned and occupied by a claimant as his or
her principal place of residence, and any land owned by the claimant
on which the building, structure, or other shelter is situated, that
has been substantially damaged or destroyed by a disaster.  For
purposes of this paragraph, land constituting a part of original
property includes only that area of reasonable size that is used as a
site for a residence, and "land owned by the claimant" includes land
for which the claimant either holds a leasehold interest described
in subdivision (c) of Section 61 or a land purchase contract.  For
purposes of this paragraph, each unit of a multiunit dwelling shall
be considered a separate original property.
   (10) "Owner or owners" means an individual or individuals, but
does not include any firm, partnership, association, corporation,
company, other legal entity or organization of any kind.
   (11) "Replacement property" means a building, structure, or other
shelter constituting a place of abode, whether real property or
personal property, that is owned and occupied by a claimant as his or
her principal place of residence, and any land owned by the claimant
on which the building, structure, or other shelter is situated.  For
purposes of this paragraph, land constituting a part of the
replacement property includes only that area of reasonable size that
is used as the site for a residence, and "land owned by the claimant"
includes land for which the claimant either holds a leasehold
interest described in subdivision (c) of Section 61 or a land
purchase contract.  For purposes of this paragraph, each unit of a
multiunit dwelling shall be considered a separate replacement
property.  "Replacement property" does not include any property,
including land or improvements, if the claimant owned any portion of
that property prior to the date of the disaster that damaged or
destroyed the original property.
   (12) "Substantially damaged or destroyed" means property that
sustains physical damage amounting to more than 50 percent of its
full cash value immediately prior to the disaster.  Damage includes a
diminution in the value of property as a result of restricted access
to the property where the restricted access was caused by the
disaster and is permanent in nature.
   (c) At the time the base year value of the substantially damaged
or destroyed property is transferred to the replacement property
pursuant to an ordinance adopted under this section, the
substantially damaged or destroyed property shall be reassessed at
its full cash value.  However, the substantially damaged or destroyed
property shall retain its base year value notwithstanding that
transfer.  If the owner or owners of substantially damaged or
destroyed property receive property tax relief under this section,
that property shall not be eligible for property tax relief under
subdivision (c) of Section 70 in the event of its reconstruction.
   (d) Only the owner or owners of the property that has been
substantially damaged or destroyed may receive property tax relief
under an ordinance adopted pursuant to this section.  Relief under an
ordinance adopted pursuant to this section shall be granted to an
owner or owners of a substantially damaged or destroyed property
obtaining comparable replacement property.  The acquisition of an
ownership interest in a legal entity that, directly or indirectly,
owns real property is not an acquisition of comparable replacement
property for purposes of this section.
   (e) A timely claim for relief under an ordinance adopted pursuant
to this section, in that form as shall be prescribed by the board,
shall be filed by the owner with the assessor of the county in which
the replacement property is located.  No relief under an ordinance
adopted pursuant to this section shall be granted unless the claim is
filed no later than January 1, 1996, or within three years after the
replacement property is acquired or newly constructed, whichever is
later.
   (f) Any taxes that were levied on the replacement property prior
to the filing of a claim on the basis of the replacement property's
new base year value, and any allowable annual adjustments thereto,
shall be canceled or refunded to the claimant to the extent that
taxes exceed the amount that would be due when determined on the
basis of the adjusted new base year value.
   (g) This section shall apply to any comparable replacement
property of equal or lesser value that is acquired or newly
constructed as a replacement for property that has been substantially
damaged or destroyed by a disaster occurring on or after October 20,
1991, and to the determination of base year values for the 1991-92
fiscal year and each fiscal year thereafter.

Section: Previous 62.1 62.2 62.11 63 63.1 64 65 65.1 66 67 68 69 69.3 69.4 69.5 Next

California Lawyers

Bostwick & Associates San Francisco Injury Lawyer.
Stephen Brodsky San Diego Criminal Defense Attorney.
Carpenter & Zuckerman Los Angeles Injury Lawyer.
Michelle Gee Palo Alto Immigration Lawyer.
Stephen T. Hodge Elk Grove Estate Planning Lawyer.
Bethani Jackson San Mateo Criminal Defense Lawyer.
Nicholas C. Rowley California Injury Lawyer.
Thomas G. Lewellyn Oakland Injury Lawyer.
Tilden Moschetti San Francisco Divorce Lawyer.
Jeremy Ofseyer Palm Springs Estate Planning Lawyer.
Larry H. Parker Los Angeles Personal Injury Lawyer.
Carey Pickford Temecula Estate Planning Lawyer.
Scott Righthand San Francisco Personal Injury Lawyer.
Scott Sagaria San Jose Family Lawyer.
Edward A. Smith Sacramento Auto Accident Lawyer.
Weiss LLP San Mateo Business Lawyer.
Clarke Logan Young Los Angeles Divorce Lawyer.

Last modified: July 31, 2008