Liability for tax; assessment of improvement or appurtenance
separately from land
Sec. 4. (a) The owner of any real property on the assessment date
of a year is liable for the taxes imposed for that year on the property,
unless a person holding, possessing, controlling, or occupying any
real property on the assessment date of a year is liable for the taxes
imposed for that year on the property under a memorandum of lease
or other contract with the owner that is recorded with the county
recorder before January 1, 1998. A person holding, possessing,
controlling, or occupying any personal property on the assessment
date of a year is liable for the taxes imposed for that year on the
property unless:
(1) the person establishes that the property is being assessed and
taxed in the name of the owner; or
(2) the owner is liable for the taxes under a contract with that
person.
When a person other than the owner pays any property taxes, as
required by this section, that person may recover the amount paid
from the owner, unless the parties have agreed to other terms in a
contract.
(b) An owner on the assessment date of a year of real property
that has an improvement or appurtenance that is:
(1) assessed as real property; and
(2) owned, held, possessed, controlled, or occupied on the
assessment date of a year by a person other than the owner of
the land;
is jointly liable for the taxes imposed for the year on the
improvement or appurtenance with the person holding, possessing,
controlling, or occupying the improvement or appurtenance on the
assessment date.
(c) An improvement or appurtenance to land that, on the
assessment date of a year, is held, possessed, controlled, or occupied
by a different person than the owner of the land may be listed and
assessed separately from the land only if the improvement or
appurtenance is held, possessed, controlled, or occupied under a
memorandum of lease or other contract that is recorded with the
county recorder before January 1, 1998.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by Acts 1981,
P.L.63, SEC.1; P.L.51-1997, SEC.1.
Last modified: May 28, 2006