onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

North Carolina General Statutes § 105-287 Changing appraised value of real property in years in which general reappraisal is not made

Legal Research Home > North Carolina Lawyer

(a)        In a year in which a general reappraisal of real property in the county is not made under G.S. 105-286, the property shall be listed at the value assigned when last appraised unless the value is changed in accordance with this section. The assessor shall increase or decrease the appraised value of real property, as determined under G.S. 105-286, to recognize a change in the property's value resulting from one or more of the following reasons:

(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.

(2a)      Recognize an increase or decrease in the value of the property resulting from a conservation or preservation agreement subject to Article 4 of Chapter 121 of the General Statutes, the Conservation and Historic Preservation Agreements Act.

(2b)      Recognize an increase or decrease in the value of the property resulting from a physical change to the land or to the improvements on the land, other than a change listed in subsection (b) of this section.

(2c)      Recognize an increase or decrease in the value of the property resulting from a change in the legally permitted use of the property.

(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 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. 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. The reason for an increase or decrease in appraised value made under this section need not be under the control of or at the request of the owner of the affected property. 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.  (1939, c. 310, ss. 301, 500; 1953, c. 970, s. 5; 1955, c. 901; c. 1100, s. 2; 1959, c. 682; c. 704, s. 2; 1963, c. 414; 1967, c. 892, s. 7; 1969, c. 945, s. 1; 1971, c. 806, s. 1; 1973, c. 695, s. 10; c. 790, s. 2; 1987, c. 655; 1997-226, s. 4; 2001-139, s. 2; 2008-146, s. 1.2.)

Sections:  Previous  105-282.1  105-282.7  105-282.8  105-283  105-284  105-285  105-286  105-287  105-288  105-289  105-290  105-291  105-294  105-295  105-296  Next

Last modified: March 23, 2014