RESIDENTIAL APPRAISAL
Sales File | Market Value Analysis | Mass Appraisal Methodology | Notice of Valuation | Limitations | Foreclosures
Overview
The assessment process plays an important role in local government. Equitable assessments assure property owners that they are asked to pay only their fair share of the cost of operating libraries, schools, police protection and other necessary services.
Oklahoma statutes require the County Assessor's office to annually maintain all real estate values and to physically inspect each parcel at least once every four years. Staff appraisers visit the properties and note any changes in the physical attributes. This information is stored by the assessor, updated and maintained for current and future use in the assessment process.
Purpose of Appraisals
The purpose of the appraisals generated by the Oklahoma County Assessor's office is to estimate the market value for ad valorem tax purposes only. The effective date of the appraisals is January 1 of each year.
What if I disagree with the Assessor's Appraisal?
If you feel the Assessor has made a mistake in valuing your property, you may file an appeal with the Assessor’s office. County Assessor Informal Protest Form #974 (PDF). For other helpful Appraisal questions, refer to the Notice of Valuation and FAQ's.
Sales File
Property Sales
The county has an inventory of sales that have occurred and the latest are stored on the CAMA (Computer Assisted Mass Appraisal) records. This data is collected through numerous sources some of which include deeds, sales letters to buyer and seller and in many cases actual telephone contact. View the O.S. §, Title 68. Revenue and Taxation, Chapter 1 - Tax Codes, Article 28 - Ad Valorem Tax Code, Section 2821, paragraph E for official details. The county assessor shall maintain a comprehensive sales file for each parcel of real property within the county containing relevant property characteristics, sales price information, adjustments to sales price for purposes of cash equivalency, transaction terms and such other information as may be required in order to establish the fair cash value of taxable real property.
Market Values Analysis
Analysis of Market Values
Once market values have been calculated based on information gathered by the property appraisers, the values are analyzed to determine how accurate and equitable they are. The property appraiser does not create market value. The buying and selling of property by the general public establishes the value of property in the real estate marketplace.
A comparison of assessments to sales prices is performed to determine ratios, which are then used to measure the levels and uniformity of assessments. Sales ratio studies by neighborhood, type of property and other characteristics are performed on a regular basis to assure uniformity of values.
Definition of Market Value
"Market Value" is defined as the probable sale price of a property in terms of money in a competitive and open market, assuming that the buyer and seller are acting prudently and knowledgeably, allowing sufficient time for the sale, and assuming that the transaction is not affected by undue pressures.
Both economic and legal definitions of Market Value have been developed and refined. A current economic definition agreed upon by agencies that regulate federal financial institutions in the United States is: The most probable price (in terms of money) which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:
- The buyer and seller are typically motivated.
- Both parties are well informed or well advised, and acting in what they consider their best interests.
- A reasonable time is allowed for exposure in the open market.
- Payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto.
- The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.
Appealing the Market Value
You may appeal your valuation within 30 calendar days from the mailing date shown on the notice of valuation (NOV). You may appeal in person at 320 Robert South Kerr, 4th Floor Room 417, Monday through Friday between 8 a.m. and 4:45 p.m. and an informal hearing will be held at that time or you may make a written request for a telephonic informal hearing by sending a letter, fax, or email with supporting documentation challenging the valuation. Requests for telephonic hearings must include owner name, account number(s), legal description(s) and daytime phone number.
- A taxpayer may file a complaint if the valuation of property has not increased or decreased from the previous year if the complaint is filed on or before the first Monday in April. Such complaint shall be made upon a form prescribed by the Oklahoma Tax Commission.
- The Assessor's staff will conduct an informal hearing considering all evidence presented. Final action, concerning the informal appeal, will be taken within 7 calendar days of the informal hearing. Notice of this action will be mailed to taxpayer.
- Within 15 calendar days of the date this notice is mailed or delivered, the taxpayer may file an appeal with the county Board of Equalization (BOE).
- Property owners who appeal are encouraged to perform careful research and submit copies of evidence during each step of the appeal process.
See Notice of Valuation.
Mass Appraisal Methodology
(O.S. §, Title 68. Revenue and Taxation, Chapter 1 - Tax Codes, Article 28 - Article 28 - Advalorem Tax Code, Section 2829)
A. Each county assessor, in order to comply with the provisions of Section 17 of this act requiring the annual valuation of all taxable real and personal property within the county, shall establish the fair cash value of such taxable property using an accepted mass appraisal methodology.
B. For purposes of this section "accepted mass appraisal methodology" shall mean the process for making estimates of fair cash value for a property about which no direct or timely information is available concerning economic value by using known information about the property characteristics, location, use, size, sales price and other information of similar properties. Such mass appraisal methodology may include multiple regression analysis or other statistical techniques for mass appraisal. If information of similar properties is not available in the taxing jurisdiction, the county assessor may use other applicable regional or national information to annually determine the fair cash value of a property estimated at the price it would bring at a fair voluntary sale as provided in Section 17 of this act.
C. Each county assessor shall utilize the information gathered from the visual inspection of real property conducted during each year of the four-year cycle for such inspections and shall conduct such statistical calculations using the data so acquired together with sales price or other information available as may be required to make accurate estimates of fair cash values for all taxable real or personal property within the county each year. The results of such calculations shall be recorded on the assessment roll of the county on an annual basis in order to reflect any increase or decrease in the fair cash value of any property in any year.
D. The statistical analysis required by this section shall be performed within each county using such computer facilities as may be available, but shall be conducted in accordance with procedures established for the uniform mass appraisal program established by the Oklahoma Tax Commission.
Notice of Valuation
Increased Property Value
If the county assessor increases the valuation of any property over the assessment from the preceding year, notification in writing will be sent to the person in whose name any such property is listed. This refers to the assessment notice that is typically mailed during the months of February, March and April to property owners concerning changes in the value of their property. It contains information such as the Current Fair Cash (Market) Value, Taxable Fair Cash Value (3% to 5% limitation), Assessment Percentage, Assessed Value as well as the date it was mailed. If property owners disagree with this change they must request an informal hearing with the Assessor's Office within the specified time frame regarding any change.
Oklahoma Statutes Citationized
Title 68. Revenue and Taxation
Chapter 1 - Tax Codes
Article 28 - Ad Valorem Tax Code
Cite as: 68 O.S. § 2876 (OSCN 2018)
A. If the county assessor increases the valuation of any personal property above that returned by the taxpayer, or in the case of real property increases the fair cash value or the taxable fair cash value from the preceding year, or pursuant to the requirements of law if the assessor has added property not listed by the taxpayer, the county assessor shall notify the taxpayer in writing of the amount of such valuation as increased or valuation of property so added.
B. For cases in which the taxable fair cash value or fair cash value of real property has increased, the notice shall include the fair cash value of the property for the current year, the taxable fair cash value for the preceding and current year, the assessed value for the preceding and current year and the assessment percentage for the preceding and current year.
C. For cases in which the county assessor increases the valuation of any personal property above that returned by the taxpayer, the notice shall describe the property with sufficient accuracy to notify the taxpayer as to the property included, the fair cash value for the current year, the assessment percentage for the current year, any penalty for the current year pursuant to subsection C of Section 2836 of this title and the assessed value for the current year.
D. The notice shall be mailed to the taxpayer at the taxpayer's last-known address and shall clearly be marked with the mailing date. The assessor shall have the capability to duplicate the notice, showing the date of mailing. Such record shall be prima facie evidence as to the fact of notice having been given as required by this section.
E. The taxpayer shall have thirty (30) days from the date the notice was mailed in which to file a written protest with the county assessor specifying objections to the increase in fair cash value or taxable fair cash value by the county assessor; provided, in the case of a scrivener's error or other admitted error on the part of the county assessor, the assessor may make corrections to a valuation at any time, notwithstanding the thirty-day period specified in this subsection. The protest shall set out the pertinent facts in relation to the matter contained in the notice in ordinary and concise language and in such manner as to enable a person of common understanding to know what is intended. The protest shall be made upon a form prescribed by the Oklahoma Tax Commission.
F. A taxpayer may file a protest if the valuation of property has not increased or decreased from the previous year if the protest is filed on or before the first Monday in April. Such protest shall be made upon a form prescribed by the Oklahoma Tax Commission.
G. The county assessor shall schedule an informal hearing with the taxpayer to hear the protest as to the disputed valuation or addition of omitted property. The informal hearing may be held in person or may be held telephonically, if requested by the taxpayer. A taxpayer that is unable to participate in a scheduled informal hearing, either in person or telephonically, shall be given at least two additional opportunities to participate on one of two alternative dates provided by the county assessor, each on a different day of the week, before the county assessor or an authorized representative of the county assessor. The assessor shall issue a written decision in the matter disputed within 7 calendar days of the date of the informal hearing and shall provide by regular or electronic mail a copy of the decision to the taxpayer. The decision shall clearly be marked with the date it was mailed. Within 15 calendar days of the date the decision is mailed, the taxpayer may file an appeal with the county board of equalization. The appeal shall be made upon a form prescribed by the Oklahoma Tax Commission. One copy of the form shall be mailed or delivered to the county assessor and one copy shall be mailed or delivered to the county board of equalization. On receipt of the notice of an appeal to the county board of equalization by the taxpayer, the county assessor shall provide the county board of equalization with all information submitted by the taxpayer, data supporting the disputed valuation and a written explanation of the results of the informal hearing.
Oklahoma Constitution
SECTION X-8; Valuation of property for taxation - Limit on percentage of fair cash value.
A. Except as otherwise provided in Article X of this Constitution, beginning January 1, 1997, all property which may be taxed ad valorem shall be assessed for taxation as follows:
1. Tangible personal property shall not be assessed for taxation at less than ten percent 10%) nor more than fifteen percent (15%) of its fair cash value, estimated at the price it would bring at a fair voluntary sale;
2. Real property shall not be assessed for ad valorem taxation at a value less than eleven percent (11%) nor greater than thirteen and one-half percent (13.5%) of its fair cash value for the highest and best use for which such property was actually used, or was previously classified for use, during the calendar year next preceding the first day of January on which the assessment is made. The transfer of property without a change in its use classification shall not require a reassessment based exclusively upon the sale value of such property. In connection with the foregoing, the Legislature shall be empowered to enact laws defining classifications of use for the purpose of applying standards to facilitate uniform assessment procedures in this state; and
3. All other property which is assessed by the State Board of Equalization shall be assessed for ad valorem taxation at the percentage of its fair cash value, estimated at the price it would bring at a fair voluntary sale, at which it was assessed on January 1, 1996.
SECTION X-8B; Valuation of real property for ad valorem taxation:
Despite any provision to the contrary, on and after January 1, 2013, the fair cash value of any parcel of locally assessed real property shall not increase by more than five percent (5%) in any taxable year; provided, if such property qualified for a homestead exemption or is classified as agricultural land, any increase to the fair cash value of such locally assessed real property in a taxable year shall be limited to three percent (3%). The provisions of this section shall not apply in any year when title to the property is transferred, changed, or conveyed to another person or when improvements have been made to the property. If title to the property is transferred, changed, or conveyed to another person, the property shall be assessed for that year based on the fair cash value as set forth in Section 8 of Article X of this Constitution. If any improvements are made to the property, the increased value to the property as a result of the improvement shall be assessed for that year based on the fair cash value as set forth in Section 8 of Article X of this Constitution. The provisions of this section shall not apply to any personal property which may be taxed ad valorem or any property which may be valued or assessed by the State Board of Equalization.
O.S. § 2819 Taxable Values of Real and Personal Property
Taxable values of real and personal property shall be established in accordance with the requirements of Sections 8, 8B and 8C of Article X of the Oklahoma Constitution. The county assessor shall determine the taxable value of all taxable property that the assessor is required by law to assess and value and shall determine such taxable value in accordance with the requirements of Sections 8, 8B and 8C of Article X of the Oklahoma Constitution.
Limitations
3% and 5% Limitations
The limitation on assessment increases is not an automatic increase. Oklahoma County residents have saved more than $766 million in lower property taxes since the initial 5% limitation was overwhelmingly passed by voters in 1996. Annual property sales determine if current market prices have increased or decreased. For example if market conditions determine the value has gone down 10% then our records for that property will be changed to reflect that decrease.
In November of 2012 Oklahoman's overwhelmingly passed State Question 748. This State Question amended Article X § 8B of The State Constitution. This amendment extends additional tax savings to agricultural land and also to properties that qualify for homestead exemption. These two classifications of property now have a 3% limitation to increases in their fair cash value. Previously increases to these same property values were not to exceed 5%.
Despite any provision to the contrary, on and after January 1, 2013, the fair cash value of any parcel of locally assessed real property shall not increase by more than 5% in any taxable year; provided, if such property qualified for a homestead exemption or is classified as agricultural land, any increase to the fair cash value of such locally assessed real property in a taxable year shall be limited to 3%. The provisions of this section shall not apply in any year when title to the property is transferred, changed, or conveyed to another person or when improvements have been made to the property. If title to the property is transferred, changed, or conveyed to another person, the property shall be assessed for that year based on the fair cash value as set forth in Section 8 of Article X of this Constitution. If any improvements are made to the property, the increased value to the property as a result of the improvement shall be assessed for that year based on the fair cash value as set forth in Section 8 of Article X of this Constitution. The provisions of this section shall not apply to any personal property which may be taxed ad valorem or any property which may be valued or assessed by the State Board of Equalization.
If you currently hold properties that meet the criteria mentioned above, no further action should be required. However, if you are eligible, but do not currently have homestead exemption on your primary residence an application for this benefit and the 3% limitation that coincides with it is required. Download applications here or to learn more about homestead exemption please go here.
Feel free to call us at 405-713-1249 Monday-Friday 8:00 am - 4:45 pm.
Attorney General's Office Opinion
Regarding the 5% Limitation
Appellant:
- The Honorable Russ Roach State Representative, District 66 State Capitol, Room 400 B Oklahoma City, Oklahoma 73105
- The Honorable Mark Liotta State Representative, District 77 State Capitol, Room 500 Oklahoma City, Oklahoma 73105
- The Honorable Tad Jones State Representative, District 9 State Capitol, Room 539 B Oklahoma City, Oklahoma 73105
- The Honorable Penny Williams State Senator, District 33 State Capitol, Room 415 Oklahoma City, Oklahoma 73105
- The Honorable Dave Herbert State Senator, District 42 State Capitol, Room 426 Oklahoma City, Oklahoma 73105
- The Honorable Wes Lane District Attorney, 7th District 320 Robert S Kerr Avenue, Suite 505 Oklahoma City, Oklahoma 73102
Jurisdiction: Attorney General of Oklahoma - Opinion
Hearing Date: September 7, 2001
Text of Rule:
Dear Senators, Representatives, and District Attorney Lane:
Questions
This office has received your requests for an official Attorney General Opinion addressing, in effect, the following questions (all questions are addressed in the article below):
- Assuming that the provisions of Article X , Section 8B of the Oklahoma Constitution relating to transfers of title or other exceptions to the general rule are not applicable, if the fair cash value of a parcel of locally assessed real property increases by more than 5% from one year to the next, does Section 8B limit the increase in fair cash value (for purposes of computing the taxable value of that parcel for ad valorem tax purposes) to a maximum of 5% for such assessment year?
- Assuming the same conditions posed in your first question, if the fair cash value of the same parcel of locally assessed real property were to increase by more than 5% in the succeeding assessment year, may a county assessor increase the fair cash value of that parcel by more than 5% of the fair cash value for the parcel established during the preceding assessment year?
- If a county assessor increases the fair cash value of a parcel of locally assessed real property which is subject to the provisions of Article X , Section 8B of the Oklahoma Constitution by 5% each year, based upon information which supports a determination that any such increase is not in excess of the actual fair cash value of the parcel, does this practice violate either Section 8B or 68 O.S. 2817.1 (2000)?
- Do the provisions of Section 8B of Article X of the Oklahoma Constitution mean that the assessed (taxable) value of a parcel of locally assessed real property cannot increase more than 5% each year?
- If the actual fair cash value for a parcel of locally assessed real property increases by 20% in a single year, does the Oklahoma Constitution either authorize or require a county assessor to increase the fair cash value of the parcel, for ad valorem tax purposes, at the 5% annual maximum prescribed by Section 8B of Article X of the Oklahoma Constitution until the 20% increase is reflected on the assessment roll, or do the provisions of 68 O.S. 2817.1 (2000) require a different result?
- Is the correct interpretation of Section 8B of Article X of the Oklahoma Constitution, together with 68 O.S. 2817.1 (2000), that it is legally permissible for a county assessor to increase the fair cash value of the relevant category of real property by less than 5% each year or alternatively, if there is no supportable increase in the fair cash value of such property, should there be any increase in the value of the property at all?
Background
Assessment of ad valorem taxes begins with the establishment of a fair cash value for each taxable piece of property. See OKLA. CONST. Article X , Section 8(A) / Article X , Section 8(B) / Article X , Section 8C; 68 O.S. 2817(A) / 68 O.S. 2817(B). The fair cash value is then multiplied by an assessment ratio to set the assessed valuation. Id. 68 O.S. 2802(5). From the assessed valuation are subtracted any exemptions to establish a taxable value for each piece of property. Id. 68 O.S. 2802(27). The taxable value is multiplied by the millage rate to calculate the total taxes due on each property. Id. 68 O.S. 2802(22).
Assessment of ad valorem taxes begins with the establishment of a fair cash value for each taxable piece of property. See OKLA. CONST. Article X , Section 8(A) / Article X , Section 8(B) / Article X , Section 8C; 68 O.S. 2817(A) / 68 O.S. 2817(B). The fair cash value is then multiplied by an assessment ratio to set the assessed valuation. Id. 68 O.S. 2802(5). From the assessed valuation are subtracted any exemptions to establish a taxable value for each piece of property. Id. 68 O.S. 2802(27). The taxable value is multiplied by the millage rate to calculate the total taxes due on each property. Id. 68 O.S. 2802(22).
I. Assuming that the provisions of Article X , Section 8B of the Oklahoma Constitution relating to transfers of title or other exceptions to the general rule are not applicable, if the fair cash value of a parcel of locally assessed real property increases by more than five percent (5%) from one year to the next, does Section 8B limit the increase in fair cash value (for purposes of computing the taxable value of that parcel for ad valorem tax purposes) to a maximum of five percent (5%) for such assessment year?
In 1996, pursuant to referendum, Article X , Section 8 of the Constitution was amended to place limits on the assessment ratio applied to property subject to ad valorem tax. Section 8 now reads in pertinent part:
"2. Real property shall not be assessed for ad valorem taxation at a value less than eleven percent (11%) nor greater than thirteen and one-half percent (13.5%) of its fair cash value for the highest and best use for which such property was actually used, or was previously classified for use, during the calendar year next preceding the first day of January on which the assessment is made."
Id. In addition to amending Section 8 at the 1996 election, the voters also approved the adoption of Section 8B which limits annual increases in fair cash value to not more than five percent (5%) in any taxable year:
"Despite any provision to the contrary, the fair cash value of any parcel of locally assessed real property shall not increase by more than five percent (5%) in any taxable year. The provisions of this section shall not apply in any year when title to the property is transferred, changed, or conveyed to another person or when improvements have been made to the property. If title to the property is transferred, changed, or conveyed to another person, the property shall be assessed for that year based on the fair cash value as set forth in Section 8 of Article X of this Constitution."
Id. A constitutional provision is to be applied to give effect to the intent of the people voting on it. Draper v. State, 621 P.2d 1142, 1145 (Okla. 1980). The intent is determined by the provision itself, and where unambiguous, courts are not at liberty to search beyond the instrument for its meaning. McCurtain County Excise Bd. v. St. Louis-San Francisco Ry. Co., 340 P.2d 213, 216 (Okla. 1959) (citing Shaw v. Grumbine, 278 P. 311 (Okla. 1929)). Neither courts nor legislatures have the authority to augment or diminish the rights granted by the Constitution. Id. Statutes and the Constitution "must be construed as a consistent whole in harmony with common sense and reason and every portion thereof should be given effect if possible. Similarly, construction of such provisions in pari materia with each other should be construed together with other statutes on the same subject as part of a coherent system." Cowart v. Piper Aircraft Corp., 665 P.2d 315, 317 (Okla. 1983) (citing Poafpybitty v. Skelly Oil Co., 394 P.2d 515, 518 (Okla. 1964)).
Prior to the addition of Article X , Section 8B, all real property was valued at its actual fair cash value as of January 1. Fair cash value has been construed by decisions of the Oklahoma Supreme Court to be the property's "fair market value." Bliss Hotel Co. v. Thompson, 378 P.2d 319, 321 (Okla. 1962) (citations omitted).1 In Bliss the Court opined that the fair cash value of the property is synonymous with fair market value which is "the amount of money which a purchaser willing but not obliged to buy the property would pay to an owner willing but not obliged to sell." Id. The concept of fair cash value is still found in Article X , Section 8(A) and 68 O.S. 2817(B) (2000). Section 68 O.S. 2817 provides in pertinent part:
"B. All taxable real property shall be assessed annually as of January 1, at its fair cash value, estimated at the price it would bring at a fair voluntary sale for:
"1. The highest and best use for which the property was actually used during the preceding calendar year; or
"2. The highest and best use for which the property was last classified for use if not actually used during the preceding calendar year."
Id. Both Constitution and statute require, for purposes of ad valorem taxation, that the value of property shall be the fair cash value estimated at the price the property would bring at a fair voluntary sale.
You first ask, if the actual fair cash value of locally assessed real property increases by more than five percent (5%) from one assessment year2 to the next, does Article X , Section 8B of the Oklahoma Constitution limit the increase for purposes of computing the taxable value to a maximum of five percent (5%) for the assessment year. This question may be answered by reviewing Section 8B's provisions. Section 8B provides "the fair cash value of any parcel of locally assessed real property shall not increase by more than five percent (5%) in any taxable year." Therefore, an assessor may not increase the assessed fair cash value3 more than five percent (5%) from one taxable year to the next. In other words, the assessor is limited to increasing the assessed fair cash value by five percent (5%) of the prior year's assessed fair cash value.
II. Assuming the same conditions posed in your first question, if the fair cash value of the same parcel of locally assessed real property were to increase by more than five percent (5%) in the succeeding assessment year, may a county assessor increase the fair cash value of that parcel by more than five percent (5%) of the fair cash value for the parcel established during the preceding assessment year?
Your second question asks, if the fair cash value of property were to increase by more than five percent (5%) in a succeeding assessment year, may the county assessor increase the fair cash value established during the preceding assessment year? Again, this question may be answered by a review of Article X , Section 8B of the Oklahoma Constitution.
In the event property is transferred, changed or conveyed to another person, that property is assessed based on the fair cash value as set forth in Article X , Section 8. If none of these events occurs, the property is assessed within the limits as provided in Article X , Section 8B. Section 8B limits increases to fair cash value. It does not "freeze" values. Section 8B does not specifically state that the five percent (5%) limit is to be made in reference to any particular year. To be consistent with the annual assessment requirement it must, however, be applied in reference to the prior taxable year. Therefore, a $100,000 property could be valued at not more than $105,000 in the second year. If the property were actually worth more than $105,000, in the third year the value could be increased to not more than $110,250.4
The assessor is limited to increasing the assessed fair cash value by five percent (5%) of the prior year's value.
III. If a county assessor increases the fair cash value of a parcel of locally assessed real property which is subject to the provisions of Section 8B of Article X of the Oklahoma Constitution by five percent (5%) each year, based upon information which supports a determination that any such increase is not in excess of the actual fair cash value of the parcel, does this practice violate either Section 8B or 68 O.S. 2817.1 (2000)?
To implement Section 8B the Legislature adopted 68 O.S. 2817.1 (2000) which provides:
"A. For purposes of implementing Section 8B of Article X of the Oklahoma Constitution, the fair cash value of locally assessed real property shall not be automatically increased five percent (5%) each year, the five percent limitation on the increase in the fair cash value shall not be cumulative, and the five-percent limitation shall not be considered as a twenty-percent increase every four (4) years."
Id. (emphasis added). At the same time that Section 68 O.S. 2817.1 was adopted, the Legislature enacted 68 O.S. 2819 (2000) which provides for the determination of taxable value:
"Taxable values of real and personal property shall be established in accordance with the requirements of Sections 8, 8B and 8C of Article X of the Oklahoma Constitution. The county assessor shall determine the taxable value of all taxable property that the assessor is required by law to assess and value and shall determine such taxable value in accordance with the requirements of Sections 8, 8B and 8C of Article X of the Oklahoma Constitution."
Id. The provisions of Section 68 O.S. 2817.1 have not been interpreted by any court. Section 68 O.S. 2817.1(A) provides that the five percent (5%) increase shall not be automatic, cumulative or considered as a twenty-percent increase every four (4) years. Nothing in Article X , Section 8B mandates an automatic increase. See id. An increase in the Section 8B fair cash value would have to be based on a determination that the actual fair cash value is in excess of the assessed fair cash value. See id.
When read in context with the definition of fair cash value found in 68 O.S. 2802(18)5 and the 68 O.S. 2817.1(A) (2000) provision that the five percent (5%) limitation shall not be considered as a twenty-percent increase every four (4) years, the most logical interpretation of "cumulative" is that an assessor may not accumulate unused increases and apply them all in one year.
The law requires annual assessments for purposes of ad valorem tax. 68 O.S. 2817(A), 68 O.S. 2817(B) (2000). Pursuant to Section 68 O.S. 2817(B), property is to be assessed annually at "its fair cash value, estimated at the price it would bring at a fair voluntary sale." Id. This requirement of annual assessment at fair cash value is in place regardless of whether the property is subject to the Section 8B limitations. Therefore, reading the Constitution and statutes as a whole, an assessor is required to determine each year a property's actual fair cash value as defined in Section 68 O.S. 2802(18). To the extent this value is in excess of the prior year's fair cash value as capped (i.e. assessed fair cash value), the assessor must increase the prior year's assessed fair cash value, but such an increase may not exceed five percent (5%) from one taxable year to the next.
Prior to the addition of Section 68 O.S. 813, property was valued at its fair cash value as of January 1 with no limitations as to increases from the value established in the prior year. Section 813, however, limits increases to five percent (5%) for any taxable year. Statutes and Constitutions "must be construed as a consistent whole in harmony with common sense and reason and every portion thereof should be given effect if possible." Cowart, 665 P.2d at 317. Both Article X , Section 8 and 68 O.S. 2817 (2000) mandate assessment of property at "its fair cash value." An assessor is, therefore, obligated to continue to determine a property's "fair cash value" as of January 1. The provisions of Section 8B and Section 2817.1 limit increases to not more than five percent (5%) in any taxable year, but do not relieve the assessor of his or her constitutional and statutory obligation to assess the property at its fair cash value. Therefore, reading Sections 8 and 813, and Sections 68 O.S. 2817 and 68 O.S. 2817.1, in harmony with each other, an assessor must increase the fair cash value of taxable property each year until such time that the "assessed fair cash value" equals the "actual fair cash value." If this requires an increase of more than five percent (5%) from one taxable year to the next, the provisions of Section 8B limit the increase to five percent (5%).
IV.Do the provisions of Section 813 of Article X of the Oklahoma Constitution mean that the assessed (taxable) value of a parcel of locally assessed real property cannot increase more than five percent (5%) each year?
As stated above, the assessed and taxable values of property are derived from calculating fair cash value. Assessed value is defined in 68 O.S. 2802(5) (2000) as:
"The taxable value of real or personal property either of individual items of personal property or parcels of real property or the aggregate total of such individual taxable items or parcels within a jurisdiction." Id.
Taxable value is defined in 68 O.S. 2802(27) (2000) as:
"The percentage of fair cash value, less applicable exemptions, upon which an ad valorem tax rate is levied pursuant to the provisions of Section 8 of Article X of the Oklahoma Constitution." Id.
Both assessed and taxable value are specifically defined terms. Both are derived from "fair cash value." Neither is synonymous, however, with "fair cash value." The limitations found in Section 8B only apply to "fair cash value" and therefore do not directly limit increases in assessed (taxable) value.
V. If the actual fair cash value for a parcel of locally assessed real property increases by twenty percent (20%) in a single year, does the Oklahoma Constitution either authorize or require a county assessor to increase the fair cash value of the parcel, for ad valorem tax purposes, at the five percent (5%) annual maximum prescribed by Section 8B of Article X of the Oklahoma Constitution until the twenty percent (20%) increase is reflected on the assessment roll, or do the provisions of 68 O.S. 2817.1 (2000) require a different result?
Your fifth question poses a scenario wherein the fair cash value of locally assessed real property increases by twenty percent (20%) in a single year. You ask if it violates the Constitution or 68 O.S. 2817.1 (2000) for an assessor to make annual five percent (5%) increases until the locally assessed property is assessed at its actual fair cash value. Section 8B of Article X does not change the requirement that property be valued at its actual cash value; it merely limits annual increases to five percent (5%). Therefore, a county assessor must increase the assessed fair cash value of the parcel by five percent (5%) each year, until the parcel is assessed at its actual fair cash value. Section 68 O.S. 2817.1 does not relieve an assessor of his or her constitutional and statutory duty to assess property at its fair cash value, subject to the limitations found in Section 8B.
VI.Is the correct interpretation of Section 8B of Article X of the Oklahoma Constitution, together with 68 O.S. 2817.1 (2000), that it is legally permissible for a county assessor to increase the fair cash value of the relevant category of real property by less than five percent (5%) each year or alternatively, if there is no supportable increase in the fair cash value of such property, should there be any increase in the value of the property at all?
Property is to be assessed each year at its fair cash value. See 68 O.S. 2817(B) (2000). When a property's actual fair cash value exceeds its assessed fair cash value, an assessor must increase the value until the assessed fair cash value equals the actual fair cash value. If this requires an increase of more than five percent (5%) the limits found in Section 8B apply, unless the property has been transferred, changed, conveyed or improved. If actual fair cash value is less than five percent (5%) more than its assessed fair cash value, the assessor may only assess the property at its actual fair cash value. If the value of the property has decreased from the prior year and is less than the prior year's assessed fair cash value, the assessor must reduce the assessed fair cash value to its actual fair cash value. There is no limit on the percentage or amount a property may be decreased in a year.
It is, therefore, the official Opinion of the Attorney General that:
1. If the fair cash value of a parcel of locally assessed real property increases by more than five percent (5%) from one year to the next, Article X , Section 8B of the Oklahoma Constitution limits the increase in assessed fair cash value to a maximum of five percent (5%) for such assessment year.
2. Pursuant to Article X , Section 8B of the Oklahoma Constitution, if the fair cash value of a parcel of locally assessed real property increases more than five percent (5%) in succeeding assessment years, a county assessor cannot increase the assessed fair cash value of that parcel by more than five percent (5%) of the assessed fair cash value for the parcel established during the preceding assessment year.
3. a. Article X , Section 8 of the Oklahoma Constitution and 68 O.S. 2817 (2000) require a county assessor to value taxable property at its fair cash value. An assessor must increase the assessed fair cash value of a parcel of locally assessed real property which is subject to the provisions of Article X , Section 8B of the Oklahoma Constitution by five percent (5%) each year until the assessed fair cash value is within 5% of the actual fair cash value, and in the following year by whatever percentage less than 5% is required to make the assessed fair cash value equal to the actual fair cash value.
b. It does not violate Article X , Section 8B of the Oklahoma Constitution and 68 O.S. 2817.1 (2000), for an assessor to increase the assessed fair cash value of real property from a preceding year until the assessed fair cash value reaches the actual fair cash value.
4. The limitations found in Article X , Section 8B of the Oklahoma Constitution apply only to fair cash value and do not directly limit increases in the assessed (taxable) value of a parcel of locally assessed real property.
5. If the actual fair market value for a parcel of locally assessed real property increases by twenty percent (20%) in any taxable year, the Oklahoma Constitution and 68 O.S. 2817 (2000) require a county assessor to increase the fair cash value of the parcel, for ad valorem tax purposes, at the five percent (5%) annual maximum prescribed by Section 8B of Article X until the twenty percent (20%) increase is reflected on the assessment roll.
6. Article X , Section 8B of the Oklahoma Constitution together with 68 O.S. 2817 and 68 O.S. 2817.1 (2000) mandate that a county assessor must increase the fair cash value of the relevant category of real property by less than five percent (5%), if such an increase is required to assess the property at its actual fair cash value.
There can be no increase in the assessed fair cash value unless such increase is necessary to reflect the actual fair cash value.
( Douglas F. Price )
Footnotes
- The Bliss definition is now the statutory definition found at 68 O.S. 2802(18) (2000).
- The terms "assessment year" and "taxable year" are used interchangeably in the Ad Valorem Code. The taxable year is not defined in the Code. Title 68 O.S. 2802(8) (2000) defines assessment year: "Assessment year' means the year beginning January 1 of each calendar year and ending on December 31 preceding the following January 1 assessment date." Id.
- "Assessed fair cash value" as used in this Opinion, is the fair cash value as capped by Oklahoma Constitution Article X , Section 8B limitation.
- $105,000 x 1.05 = $110,250.
- "Fair cash value' means the value or price at which a willing buyer would purchase property and a willing seller would sell property if both parties are knowledgeable about the property and its uses and if neither party is under any undue pressure to buy or sell and for real property shall mean the value for the highest and best use for which such property was actually used, or was previously classified for use, during the calendar year next preceding the applicable January 1 assessment date." 68 O.S. 2802(18) (2000).
Disposition: See: Opinion Number 02-030 (2002)
Citation: 01-036 (2001)
Oklahoma Constitution Title 68
Section 2802.1
Amendment to SECTION X-8B
*Limit on percentage of fair cash value of real property.
Despite any provision to the contrary, the fair cash value of any parcel of locally assessed real property shall not increase by more than 5% in any taxable year. The provisions of this section shall not apply in any year when title to the property is transferred, changed, or conveyed to another person or when improvements have been made to the property. If title to the property is transferred, changed, or conveyed to another person, the property shall be assessed for that year based on the fair cash value as set forth in Section 8 of Article X of this Constitution. If any improvements are made to the property, the increased value to the property as a result of the improvement shall be assessed for that year based on the fair cash value as set forth in Section 8 of Article X of this Constitution. The provisions of this section shall be effective January 1, 1997, and thereafter for counties which are in compliance with the applicable law or administrative regulations governing valuation of locally assessed real property as of such date. For counties which are not in compliance with such law or regulations as of January 1, 1997, the provisions of this section shall be effective January 1 of the year following the date the county is deemed to be in compliance with such laws or regulations as provided by law. The provisions of this section shall not apply to any personal property which may be taxed ad valorem or any property which may be valued or assessed by the State Board of Equalization.
The Legislature shall enact any laws necessary to implement the provisions of this section.
[1] Added by State Question No. 676, Legislative Referendum No. 306, adopted at election held on November 5, 1996. EDERIV
State Question 676
5% Value Limitation
This measure amends Article 10 of the Oklahoma Constitution. It adds a new section 8B. This measure limits the fair cash value of real property for property tax purposes. The fair cash value would not increase by more than 5% in any taxable year. This limit would only apply to real property which is assessed by a county assessor. If the property is transferred, changed, or conveyed, the limitation would not apply for that year.
The limitation does not apply if improvements have been made to the property. If improvements have been made to the property, the increased value to the property will be assessed for that year. Any county which is not in compliance with laws or regulations governing valuation of property would not be allowed to apply the 5% limitation. This measure does not apply to personal property. The measure does not apply to property valued or assessed by the State Board of Equalization. The legislature would be allowed to enact laws to implement this section. This measure takes effect on January 1, 1997.
State Question 676 Summarized
The 5% limitation is not an automatic increase every year for every property. The limitation is utilized for those properties where the true market value is more than the limited or capped taxable value. This concept was confirmed by the attorney general in an opinion in September of 2001. To see the full outline of the Attorney General's opinion click here Attorney General Opinion.
The 5% limitation is not an automatic increase every year for every property. The limitation acts as a "phase-in" tool to hold back substantial increases when there is a strong demand in the real estate market causing rapid increases in property values. When market conditions reflect that property values have increased greater than 5% the limitation allows only a gradual increase rather than the true increase based on the market value.
Actual property taxes can increase by more than 5%. The 5% limitation relates only to real property value not property tax. Increases in millage rates, which are used in calculating property taxes, usually are a result of a vote from bond issues that may be county wide and/or related to a particular city or school district. These voter approved issues have no bearing on the 5% limitation law.
Tax Savings Measures
Tax Savings Measures in Place...Seeing is Believing
Last year Oklahoma County residents saved more than $42.88 million under the provisions of a 5% and 3% limitation. Since the legislation was passed, county residents have saved more than $906 million in lower property taxes. The graph below illustrates the yearly savings and indicates just how strong the real estate market is in Oklahoma County.
Foreclosure Sales
Sales are generally considered invalid as arm's-length transactions if they involve:
- Charitable, religious, or educational institutions
- Financial institutions as buyer or seller
- Forced sales resulting from a judicial order
- Government agencies
- Sales of doubtful title
- Sales settling an estate
- Transactions between relatives or corporate affiliates
- Foreclosures
Arm’s-Length Sales
An arm's-length sale occurs when both parties act in their own best interest with no duress to complete the transaction.