California Code of Regulations › Title 18 - Public Revenues › Division 1 - State Board of Equalization-Property Tax (California Department of Tax and Fee Administration - Timber Yield Tax, See Chapter 11) › Chapter 3 - Local Equalization › Article 1 - Hearing by County Board › Section 324 - Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Determination
				  of Full Value, Classification Change in Ownership, or Other Issues. Acting upon
				  proper evidence before it, the board shall determine the full value of the
				  property, including land, improvements, and personal property, that is the
				  subject of the hearing. The determination of the full value shall be supported
				  by a preponderance of the evidence presented during the hearing. The board
				  shall consider evidence of value derived by the use of any of the valuation
				  methods described in regulation 3 of subchapter 1 of this chapter. It shall
				  determine whether the method(s) used was (were) properly applied, considering
				  the type of property assessed, governmentally imposed land use restrictions,
				  and any recorded conservation easements as described in Civil Code section
				  815.1 et seq.,
				  by examining the factual data, the presumptions, and the estimates relied upon.
				  The board shall also determine the classification, amount, and description of
				  the property that is the subject of the hearing, the existence of a change in
				  ownership or new construction, or any other issue that is properly before the
				  board, or that is necessary to determine the full value of the property. The
				  board shall provide to the clerk such details as are necessary for the
				  implementation of the board's decision.
(b) Jurisdiction. The board's authority to
				  determine the full value of property or other issues, while limited by the laws
				  of this state and the laws of the United States and usually exercised in
				  response to an application for equalization, is not predicated on the filing of
				  an application nor limited by the applicant's request for relief. When an
				  application for review includes only a portion of an appraisal unit, whether
				  real property, personal property, or both, the board may nevertheless determine
				  the full value, classification, or other facts relating to other portions that
				  have undergone a change in ownership, new construction or a change in value.
				  Additionally, the board shall determine the full value of the entire appraisal
				  unit whenever that is necessary to the determination of the full value of any
				  portion thereof.
The board is not required to choose between the opinions of
					 value promoted by the parties to the appeal, but shall make its own
					 determination of value based upon the evidence properly admitted at the
					 hearing.
An appraisal unit of property is a collection of assets
					 that functions together, and that persons in the marketplace commonly buy and
					 sell as a single unit or that is normally valued in the marketplace separately
					 from other property, or that is specifically designated as such by
					 law.
(c) Valuation
				  Principles. The board, the applicant, and appraisal witnesses shall be bound by
				  the same principles of valuation that are legally applicable to the
				  assessor.
(d) Comparable Sales.
				  When valuing a property by a comparison with sales of other properties, the
				  board may consider those sales that, in its judgment, involve properties
				  similar in size, quality, age, condition, utility, amenities, site location,
				  legally permitted use, or other physical attributes to the property being
				  valued. When valuing property for purposes of either the regular roll or the
				  supplemental roll, the board shall not consider a sale if it occurred more than
				  90 days after the date for which value is being estimated. The provisions for
				  exclusion of any sale occurring more than 90 days after the valuation date do
				  not apply to the sale of the subject property.
The board shall presume that zoning or other legal
					 restrictions, of the types described in Revenue and Taxation Code section
					 402.1,
					 on the use of either the property sold or the property being valued will not be
					 removed or substantially modified in the predictable future unless sufficient
					 grounds as set forth in that section are presented to the board to overcome
					 that presumption.
(e)
				  Findings of Fact. When written findings of fact are made, they shall fairly
				  disclose the board's findings on all material points raised in the application
				  and at the hearing. The findings shall also include a statement of the method
				  or methods of valuation used in determining the full value of the property or
				  its components.
1. Amendment
					 of subsection (f) and new subsections (g) and (h) filed 5-7-70; effective
					 thirtieth day thereafter (Register 70, No. 19). For prior history, see Register
					 69, No. 9.
2. Amendment of subsection (e) filed 5-11-71; effective
					 thirtieth day thereafter (Register 71, No. 20).
3. Amendment of
					 subsections (a), (e) and (f) filed 4-14-72; effective thirtieth day thereafter
					 (Register 72, No. 16).
4. Amendment of subsection (a) filed
					 12-26-75; effective thirtieth day thereafter (Register 75, No.
					 52).
5. Amendment filed 1-11-83; effective thirtieth day thereafter
					 (Register 83, No. 3).
6. Amendment filed 4-23-90; operative 5-23-90
					 (Register 90, No. 20).
7. Editorial correction of printing error
					 restoring HISTORY notes 1.-5. inadvertently omitted in Register 90, No. 20
					 (Register 90, No. 41).
8. Amendment of section and NOTE filed
					 3-23-2000; operative 4-22-2000 (Register 2000, No.
					 12).
Note: Authority cited: Section
						15606,
						Government Code. Reference: Article XIIIA, California Constitution; and
						Sections
						402.1,
						402.5,
						1609,
						1610.8
						and
						1611.5,
						Revenue and Taxation Code.