Effective - 28 Aug 2008
138.390. To classify and equalize property. — 1. The state tax commission shall equalize the valuation of real and tangible personal property among the several counties in the state in the following manner: with the abstracts of all the taxable property in the several counties of the state and the abstracts of the sales of real estate in such counties as returned by the respective county clerks and the assessor of the city of St. Louis, the commission shall classify all real estate situate in cities, towns, and villages, as town lots, and all other real estate as farming lands, and shall classify all tangible personal property as follows: banking corporations, railroad corporations, street railroad corporations, all other corporations, horses, mares and geldings, mules, asses and jennets, neat cattle, sheep, swine, goats, domesticated small animals and all other livestock, poultry, power machinery, farm implements, other tangible personal property.
2. The state tax commission shall equalize the valuation of each class or subclass of property thereof among the respective counties of the state in the following manner:
(1) It shall add to the valuation of each class, subclass, or portion thereof of the property, real or tangible personal, of each county which it believes to be valued below its real value in money such amount or percent as will increase the same in each case to its true value;
(2) It shall deduct from the valuation of each class, subclass, or portion thereof of the property, real or tangible personal, of each county which it believes to be valued above its real value in money such amount or percent as will reduce the same in each case to its true value.
--------
(RSMo 1939 § 11027, A.L. 1945 p. 1805 § 15, A.L. 1947 V. I p. 548, A.L. 2008 S.B. 711)
Prior revisions: 1929 § 9854; 1919 § 12847
CROSS REFERENCE:
Commission to equalize assessments and hear appeals required, Const. Art. X § 14
(1958) County board of equalization's authority is limited to equalizing valuations of property within its jurisdiction and the tax commission's jurisdiction on appeal is purely derivative. The tax commission's original jurisdiction to equalize valuations as between counties does not give it authority to attempt to equalize assessments of specific property as between one county and property in another on an appeal from a county board of equalization. Foster Bros. Mfg. Co. v. State Tax Comm. of Mo. (Mo.), 319 S.W.2d 590.
(1962) When a taxpayer pursues his administrative remedy and directly appeals a tax commission order, neither a circuit court nor an appellate court has the power to fix the valuation and thus assess specific property. The courts may only determine whether the tax commission could reasonably have made the finding. Peck's Products Company v. Bannister (Mo.), 362 S.W.2d 596.
Structure Missouri Revised Statutes
Title X - Taxation and Revenue
Chapter 138 - Equalization and Review of Tax Assessments
Section 138.010 - Membership of county board of equalization — annual meetings.
Section 138.030 - Oath of members — powers and duties.
Section 138.040 - Power to send for persons and papers — quorum.
Section 138.050 - Rules to be observed.
Section 138.070 - Assessment of property omitted from assessor's books — notice — hearings.
Section 138.080 - Adjustment of tax books.
Section 138.085 - County board of equalization, certain first and second class counties.
Section 138.090 - Meetings of board (first class counties).
Section 138.100 - Rules — hearings (first classification counties).
Section 138.110 - Complaints to be filed with state tax commission, when (first class counties).
Section 138.130 - Extension of taxes — delivery of books (first class counties).
Section 138.140 - Board of equalization — members — oath — compensation — vacancies, how filled.
Section 138.150 - Powers and duties — notice of increase.
Section 138.170 - Length and period of meetings — subpoena witnesses — hearings.
Section 138.180 - Appeal to board of equalization, how taken.
Section 138.190 - Creation of state tax commission — term of office.
Section 138.210 - Oath of office.
Section 138.220 - Bond — amount.
Section 138.230 - Compensation and expenses.
Section 138.240 - Quorums — hearings — decisions.
Section 138.250 - Location of office.
Section 138.260 - Secretary, appointment, duties — compensation, how set.
Section 138.280 - Employment of clerical help.
Section 138.290 - Agents, appointed, when — compensation, how provided.
Section 138.300 - Powers of agents.
Section 138.310 - Agent to conduct investigations — advisory recommendations.
Section 138.320 - Forms and instructions.
Section 138.330 - Seal for commission — attestation of records — evidence — custodian of seal.
Section 138.340 - Commission cannot fix rate of levy.
Section 138.350 - Public meetings — access to records — certification of documents.
Section 138.360 - Issuance of subpoenas — fees — costs.
Section 138.370 - Examination of witnesses and books.
Section 138.380 - Duties and powers of commission.
Section 138.390 - To classify and equalize property.
Section 138.400 - Certification of valuation changes — adjustments.
Section 138.415 - Official visits to counties.
Section 138.420 - Power of original assessment — notification — modification of decision.
Section 138.433 - Pleadings, when deemed filed.
Section 138.440 - Annual report — content — compensation for extra duties.
Section 138.450 - Annual meeting of assessors — expenses — warrant in payment.