10-6-146. Improvements to which provisions not applicable--Petition and hearing prior to notification of auditor.
The provisions of §§10-6-145 to 10-6-147, inclusive, may not be applied to improvements to real property made two or more years prior to the assessment date unless the owner of the real property willfully hid or attempted to hide the improvements from the director for the purpose of evading the taxation of such improvements. Before the director may notify the county auditor of improvements made two or more years prior to the assessment date, the director shall petition the circuit court where such real property is located. The court shall hold a hearing on such petition and shall determine if the owner of the real property hid or attempted to hide the improvements for the purpose of evading the taxation of such improvements. The court shall provide reasonable notice of the hearing to the director and the owner of such real property. The director and the owner of the real property shall be given opportunity to present evidence and be represented by counsel.
Source: SL 1989, ch 85, §1A; SL 2021, ch 44, §§ 32, 44.
Structure South Dakota Codified Laws
Chapter 06 - Annual Assessment Of Property
Section 10-6-101 - Definition of terms.
Section 10-6-102 - Mill levy defined--Substitution.
Section 10-6-103 - One mill defined--Substitution.
Section 10-6-104 - Fair market value and full and true value defined.
Section 10-6-105 - Period during which assessment made--Date of assessment.
Section 10-6-108 - Statement of real property required of taxpayers.
Section 10-6-109 - Viewing of property--Inspection of records--Recording assessed value.
Section 10-6-110 - Classification of property--Notation by director.
Section 10-6-111 - Agricultural land taxed without regard to zoning.
Section 10-6-112 - Classification of agricultural land--Criteria.
Section 10-6-113 - Property tax freeze authorized for agricultural property of beginning farmer.
Section 10-6-117 - Agricultural land--Riparian buffer strip classification--Criteria.
Section 10-6-120 - Property not used for agriculture separately assessed.
Section 10-6-121 - Minimum and maximum median sales to assessment ratio.
Section 10-6-122 - Maximum coefficient of dispersion.
Section 10-6-123 - Distinction between agricultural and nonagricultural real property.
Section 10-6-124 - Promulgation of rules--Purposes.
Section 10-6-125 - Assessed value of inundated farmlands--Classification.
Section 10-6-127 - Agricultural land to be assessed based on agricultural income value.
Section 10-6-128 - Agricultural income value--Determination--Database of cropland data.
Section 10-6-129 - Factors used for percentage of annual earning capacity.
Section 10-6-130 - Soil classification--Land categorization--Director adjustments.
Section 10-6-131 - Agricultural income value for county--Adjustment of assessed value by director.
Section 10-6-132 - Classification of buildings and structures.
Section 10-6-133 - Fair market value of agricultural land.
Section 10-6-134 - Agricultural Land Assessment Implementation and Oversight Advisory Task Force.
Section 10-6-137.1 - Discretionary formula for reduced taxation of new residential structures.
Section 10-6-138 - Municipal adoption of reduction for new property.
Section 10-6-139 - Adoption of assessed value formula by governing board of improvement district.
Section 10-6-141 - Boundaries of redevelopment neighborhood.
Section 10-6-142 - Standards for redevelopment neighborhood property within municipality.
Section 10-6-143 - Classification of certain residential property.
Section 10-6-144 - Valuation of certain residential property.
Section 10-6-147 - Petition for reversal of director's decision--Notice and hearing.
Section 10-6-148 - Railroad and highway rights-of-way deducted in valuing land.
Section 10-6-149 - Real estate list included in assessment lists, rolls, and book--Contents.
Section 10-6-150 - Form for real estate list.
Section 10-6-151 - Equalization director's affidavit attached to real estate list.
Section 10-6-152 - Records of county auditor or treasurer authorized as tax records.
Section 10-6-153 - Delivery of updated records to boards of equalization--Open to public inspection.
Section 10-6-154 - Notice of assessment--Required information--Promulgation of rules.
Section 10-6-157 - Consideration of federal income tax credits in assessing property prohibited.