ARSD Article 64:04 — ASSESSOR'S HANDBOOK

article-64-04ARSD Article 64:04Regulation

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REVENUE REVENUE

Chapter 64:04:01 General provisions

ARSD 64:04:01:01 Repealed

Definitions.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 19 SDR 42, effective September 29, 1992; 20 SDR 134, effective February 22, 1994; 21 SDR 219, effective July 1, 1995; repealed, 24 SDR 180, effective July 1, 1998.
ARSD 64:04:01:02 Repealed

Property list to be filed with director.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; repealed, 13 SDR 129, 13 SDR 134, effective July 1, 1987.
ARSD 64:04:01:03 Repealed

Statement of personal property.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; repealed, 13 SDR 129, 13 SDR 134, effective July 1, 1987.
ARSD 64:04:01:04 Notice of assessments to taxpayer

The director shall send real estate notices to taxpayers on each parcel of property every year, even when there has been no change in property values. Assessment notices must include full and true valuation by abstract class, any exemption to agricultural structures, any discretionary formula valuation, the total adjusted assessed valuation, the phone number of the county equalization office, and information about property tax relief programs as required by statute. The property tax relief program information on the assessment notice must substantially comply with the following language:

"Property tax relief programs are available for some property types in the State of South Dakota if the owners also meet eligibility requirements, which in some cases include financial criteria. Property that may be eligible for property tax relief includes:

(1) Property occupied by the owner or a parent of the owner and classified as an owner-occupied single-family dwelling pursuant to SDCL 10-13-39 through 10-13-40;

(2) Property owned and occupied by a veteran who is rated as permanently and totally disabled from a service-connected disability or the veteran's surviving spouse, pursuant to SDCL 10-4-40 and 10-4-41;

(3) A dwelling specifically designed for use by a paraplegic as a wheelchair home that is owned and occupied by a paraplegic veteran, a veteran with the loss or loss of use of both lower extremities, or the veteran's surviving spouse, pursuant to SDCL 10-4-24.10;

(4) A dwelling owned and occupied by a paraplegic or an individual with the loss or loss of use of both lower extremities, pursuant to SDCL 10-4-24.11; and

(5) Property owned by a citizen who reached 65 years of age or who is disabled, pursuant to SDCL chapter 10-6A.

The Municipal Property Tax Reduction is currently only available to Rapid City residents at this time.

If you think your property would be eligible for any of these programs, contact your county Director of Equalization for more information."

History

  • Source: 4 SDR 5, effective August 7, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 17 SDR 199, effective July 1, 1991; 21 SDR 219, effective July 1, 1995; 47 SDR 71, effective December 10, 2020.
  • General Authority: SDCL 10-6-33.13.
  • Law Implemented: SDCL 10-1-15, 10-1-16, 10-3-30, 10-6-50.
ARSD 64:04:01:04.01 Time limitation for submission of information to the secretary. No information may be submitted to the secretary to establish or amend the equalization factor for an assessment year after January 1 of that assessment year unless specifically requested or approved by the secretary. Source: 27 SDR 147, effective July 8, 2001. General Authority: SDCL 10-6-124(1). Law Implemented: SDCL 10-1-17, 10-11-54, 10-11-55

Time limitation for submission of information to the secretary. No information may be submitted to the secretary to establish or amend the equalization factor for an assessment year after January 1 of that assessment year unless specifically requested or approved by the secretary.

History

  • Source: 27 SDR 147, effective July 8, 2001.
  • General Authority: SDCL 10-6-124(1).
  • Law Implemented: SDCL 10-1-17, 10-11-54, 10-11-55.
ARSD 64:04:01:04.02 Submission of information required -- Deadline for submission. On or before March 1 of each year, the director must provide information to the department for each parcel of property pursuant to this section. The information shall be provided as shown on the notice sent to taxpayers pursuant to § 64:04:01:04 and must include: (1) The parcel number; (2) The full and true valuation by abstract class; (3) Any exemption, the type of exemption, and amount; (4) Any discretionary formula valuation; (5) The total adjusted assessed valuation; and (6) Any other available information or data deemed necessary by the department. Source: 47 SDR 71, effective December 10, 2020. General Authority: SDCL 10-6-124(1). Law Implemented: SDCL 10-1-17, 10-1-18

Submission of information required -- Deadline for submission. On or before March 1 of each year, the director must provide information to the department for each parcel of property pursuant to this section. The information shall be provided as shown on the notice sent to taxpayers pursuant to § 64:04:01:04 and must include:

(1) The parcel number;

(2) The full and true valuation by abstract class;

(3) Any exemption, the type of exemption, and amount;

(4) Any discretionary formula valuation;

(5) The total adjusted assessed valuation; and

(6) Any other available information or data deemed necessary by the department.

History

  • Source: 47 SDR 71, effective December 10, 2020.
  • General Authority: SDCL 10-6-124(1).
  • Law Implemented: SDCL 10-1-17, 10-1-18.
ARSD 64:04:01:05 Repealed

County land valuation map -- Contents.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 24 SDR 180, effective July 1, 1998.
ARSD 64:04:01:06 Repealed

Sales ratio study -- Verification.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 17 SDR 4, effective July 18, 1990; 19 SDR 42, effective September 29, 1992; 21 SDR 219, effective July 1, 1995; repealed, 24 SDR 180, effective July 1, 1998.
ARSD 64:04:01:06.01 Certificate of value

The form for the certificate of value required by SDCL 7-9-7 and 10-13-40 is the PT-56. The form must include the following:

(1) The name, current and new mailing addresses, and phone numbers of the buyers and sellers;

(2) The legal description and, for unplatted properties, the number of acres;

(3) If the property is owner-occupied and is the property occupied by the buyer on a certain date;

(4) If the buyer will have owner-occupied status;

(5) If the property was offered for sale to the general public and whether the property was sold by the owner or an agent;

(6) If there existed a relationship between the buyer and seller, and the actual consideration exchanged;

(7) Any major item of personal property and the property's value that was included in the total purchase price and the adjusted price paid for the real estate;

(8) The terms of payment, if not paid in full at the time of sale; and

(9) The signature of one party or agent.

Note: PT-56 is available in the register of deeds office in each county.

History

  • Source: 17 SDR 199, effective July 1, 1991; 21 SDR 219, effective July 1, 1995; 26 SDR 18, effective August 19, 1999; 47 SDR 71, effective December 10, 2020.
  • General Authority: SDCL 7-9-7.2, 10-6-33.13(1).
  • Law Implemented: SDCL 7-9-7(4), 7-9-7.2.
ARSD 64:04:01:07 Repealed

County board of equalization -- Notice of decision to taxpayer.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; repealed, 13 SDR 129, 13 SDR 134, effective July 1, 1987.
ARSD 64:04:01:08 Repealed

Taxpayer notification of increase in assessment.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 19 SDR 42, effective September 29, 1992.
ARSD 64:04:01:09 Property cards required -- Must show full and true value. A director shall prepare and maintain a property card for each property in the director's jurisdiction. The card shall show the full and true value of the property described. All property within the county must be recorded on the property cards provided by the department. Residential property and mobile home property shall be listed on PT-24, commercial property shall be listed on PT-25, and rural property shall be listed on PT-28. Counties using a computer assisted mass appraisal (CAMA) computer program may print that information and attach it to the corresponding property card. A computer-generated property record which includes the information required on the applicable property card is acceptable in lieu of a property card. Forms PT-24, PT-25, and PT-28 are published in Appendix A at the end of this chapter. Source: 4 SDR 5, effective August 7, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 17 SDR 4, effective July 18, 1990; 19 SDR 42, effective September 29, 1992; 21 SDR 219, effective July 1, 1995; 47 SDR 71, effective December 10, 2020. General Authority: SDCL 10-6-124(1)(2). Law Implemented: SDCL 10-1-15, 10-6-33

Property cards required -- Must show full and true value. A director shall prepare and maintain a property card for each property in the director's jurisdiction. The card shall show the full and true value of the property described. All property within the county must be recorded on the property cards provided by the department. Residential property and mobile home property shall be listed on PT-24, commercial property shall be listed on PT-25, and rural property shall be listed on PT-28. Counties using a computer assisted mass appraisal (CAMA) computer program may print that information and attach it to the corresponding property card. A computer-generated property record which includes the information required on the applicable property card is acceptable in lieu of a property card. Forms PT-24, PT-25, and PT-28 are published in Appendix A at the end of this chapter.

History

  • Source: 4 SDR 5, effective August 7, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 17 SDR 4, effective July 18, 1990; 19 SDR 42, effective September 29, 1992; 21 SDR 219, effective July 1, 1995; 47 SDR 71, effective December 10, 2020.
  • General Authority: SDCL 10-6-124(1)(2).
  • Law Implemented: SDCL 10-1-15, 10-6-33.
ARSD 64:04:01:10 Repealed

Contents of rural property cards.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 17 SDR 4, effective July 18, 1990.
ARSD 64:04:01:11 Repealed

Contents of urban property cards.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 17 SDR 4, effective July 18, 1990.
ARSD 64:04:01:12 Repealed

Property statement of absent or sick owner.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; repealed, 13 SDR 129, 13 SDR 134, effective July 1, 1987.
ARSD 64:04:01:13 Real estate abstract classes

Records pertaining to a property must contain the abstract class for that type of property. The following are the abstract classes for types of real estate established by the department:

AG-A Land classified as agricultural without corporate limits;

AG-SL Land classified as agricultural without corporate limits being leased from the Commissioner of School and Public Lands;

AG-A1 Improvements and structures on land classified as agricultural without corporate limits, less dwellings and automobile garages;

NA-A1 Dwellings and automobile garages on land classified as agricultural without corporate limits;

NA-AM1 Manufactured home classified as real estate after June 30, 1999, on land classified as agricultural without corporate limits;

AG-AC Land classified as agricultural without corporate limits, under commercial use;

NA-AC2 Improvements and structures on land classified as agricultural without corporate limits, under commercial use;

AG-C Platted lots and acreages without corporate limits classified as agricultural;

AG-C1 Improvements and structures on platted lots and acreages classified as agricultural without corporate limits, less dwellings and automobile garages;

AG-CC Platted lots and acreages classified as agricultural without corporate limits improved or unimproved, under commercial use;

AG-CC2 Improvements and structures on platted lots and acreages classified as agricultural without corporate limits, under commercial use;

NA-C Platted lots and acreages without corporate limits;

NA-C1 Improvements and structures on platted lots and acreages without corporate limits;

NA-CM1 Manufactured home classified as real estate after June 30, 1999, on platted lots and acreages without corporate limits;

NA-CC Platted lots and acreages without corporate limits improved or unimproved, under commercial use;

NA-CC2 Improvements and structures on platted lots and acreages without corporate limits, under commercial use;

AG-D City or town lots and acreages classified as agricultural;

AG-D1 Agricultural improvements and structures less dwellings and automobile garages on city or town lots and acreages classified as agricultural;

AG-DC City and town lots and acreages improved or unimproved classified as agricultural for commercial use;

AG-DC2 Improvements and structures classified as agricultural on city or town lots and acreages, under commercial use;

NA-D Lots and acreages in city or town;

NA-D1 Improvements and structures on city or town lots and acreages;

NA-DM1 Manufactured home classified as real estate after June 30, 1999, on city or town lots and acreages;

NA-DC City or town lots and acreages improved or unimproved, under commercial use;

NA-DC2 Improvements and structures on city or town lots and acreages, under commercial use.

History

  • Source: 2 SDR 40, effective December 8, 1975; transferred from § 64:02:02:01, 4 SDR 35, effective December 22, 1977; 5 SDR 60, effective January 25, 1979; 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 16 SDR 76, effective November 1, 1989; 17 SDR 4, effective July 18, 1990; 20 SDR 134, effective February 22, 1994; 21 SDR 219, effective July 1, 1995; 24 SDR 31, effective September 17, 1997; 24 SDR 180, effective July 1, 1998; 26 SDR 18, effective August 19, 1999; 37 SDR 69, effective October 19, 2010; 47 SDR 71, effective December 10, 2020.
  • General Authority: SDCL 10-10-6.
  • Law Implemented: SDCL 10-1-15, 10-10-6, 13-13-73.1.
ARSD 64:04:01:13.01 Mobile home property abstract type

Records pertaining to registered mobile home property must contain the abstract class for that type of property. The abstract class for mobile home property is NA-M registered mobile homes.

History

  • Source: 19 SDR 42, effective September 29, 1992; 21 SDR 219, effective July 1, 1995.
  • General Authority: SDCL 10-10-6.
  • Law Implemented: SDCL 10-1-15, 10-10-6.
ARSD 64:04:01:13.02 Selection of owner-occupied single-family dwelling

Pursuant to SDCL 10-13-39, if an owner has more than one single-family dwelling, the owner may select one dwelling to be designated as owner-occupied.

Cross-Reference: Definitions of manufactured home and mobile home, SDCL 32-3-1.

History

  • Source: 22 SDR 5, effective July 23, 1995.
  • General Authority: SDCL 10-10-6.
  • Law Implemented: SDCL 10-13-39.
ARSD 64:04:01:13.03 Repealed

Definition of owner.** Repealed.

History

  • Source: 22 SDR 5, effective July 23, 1995; 24 SDR 31, effective September 17, 1997; 28 SDR 69, effective November 21, 2001; SL 2017, ch 64, § 2, effective July 1, 2017.
ARSD 64:04:01:13.04 Classification by equalization director

The director of equalization of the county where the dwelling is located shall determine if a property is to be classified as an owner-occupied single-family dwelling. If the classification is denied, the director of equalization shall notify the applicant no later than April 1.

History

  • Source: 22 SDR 5, effective July 23, 1995; 24 SDR 31, effective September 17, 1997.
  • General Authority: SDCL 10-10-6, 10-13-21.
  • Law Implemented: SDCL 10-10-11, 10-13-39.
ARSD 64:04:01:13.05 Owner-occupied single-family dwelling abstract class

The abstract class, as specified in § 64:04:01:13, of owner-occupied single-family dwelling property shall be designated with -S.

History

  • Source: 22 SDR 5, effective July 23, 1995.
  • General Authority: SDCL 10-10-6.
  • Law Implemented: SDCL 10-13-39.
ARSD 64:04:01:13.06 Notification of property owner

If the owner-occupied classification is going to be removed from a property, the director of equalization shall notify the property owner. The director of equalization shall notify the property owner by the last Friday in March of each year.

History

  • Source: 27 SDR 9, effective August 7, 2000; 30 SDR 58, effective November 5, 2003; 47 SDR 71, effective December 10, 2020.
  • General Authority: SDCL 10-10-6.
  • Law Implemented: SDCL 10-1-15, 10-1-16.
ARSD 64:04:01:14 Repealed

Personal property abstract types.** Repealed.

History

  • Source: 2 SDR 40, effective September 1, 1976; transferred from § 64:02:02:02, 4 SDR 35, effective December 22, 1977; repealed, 13 SDR 129, 13 SDR 134, effective July 1, 1987.
ARSD 64:04:01:15 Repealed

Solar heating and cooling.** Repealed.

History

  • Source: 2 SDR 40, effective December 8, 1975; transferred from § 64:02:02:03, 4 SDR 35, effective December 22, 1977; 5 SDR 60, effective January 25, 1979; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 24 SDR 180, effective July 1, 1998.
ARSD 64:04:01:16 Repealed

Commercial renewable resource energy systems.** Repealed.

History

  • Source: 5 SDR 60, effective January 25, 1979; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 21 SDR 219, effective July 1, 1995; repealed, 24 SDR 180, effective July 1, 1998.
ARSD 64:04:01:17 Transferred

Transferred to § 64:04:04:02** .

ARSD 64:04:01:18 Transferred

Transferred to § 64:04:04:03** .

ARSD 64:04:01:19 Repealed

Mobile home appraisals.** Repealed.

History

  • Source: 17 SDR 4, effective July 18, 1990; repealed, 19 SDR 42, effective September 29, 1992.
ARSD 64:04:01:20 South Dakota Real Estate Appraisal Manual

The South Dakota Real Estate Appraisal Manual , in its entirety, is the standard real estate appraisal guide for the appraisal of property to determine market value for tax purposes pursuant to SDCL chapter 10-6.

Reference: South Dakota Real Estate Appraisal Manual , 2015 edition. Copies are free of charge to persons appraising property for tax purposes. Copies are available at the Department of Revenue, 445 East Capitol Avenue, Pierre, South Dakota 57501.

History

  • Source: 24 SDR 180, effective July 1, 1998; 27 SDR 147, effective July 8, 2001; 28 SDR 178, effective July 1, 2002; 29 SDR 177, effective July 2, 2003; 30 SDR 211, effective July 1, 2004; 32 SDR 58, effective October 25, 2005; 33 SDR 67, effective October 24, 2006; 34 SDR 93, effective October 17, 2007; 35 SDR 88, effective October 27, 2008; 37 SDR 69, effective October 19, 2010; 38 SDR 122, effective January 17, 2012; 39 SDR 123, effective January 17, 2013; 40 SDR 129, effective January 16, 2014; 41 SDR 108, effective January 5, 2015; 42 SDR 98, effective January 5, 2016.
  • General Authority: SDCL 10-1-16.1.
  • Law Implemented: SDCL 10-1-16.1.
ARSD 64:04:01:21 Transferred

Transferred to § 64:05:01:08** .

ARSD 64:04:01:22 Repealed

Definitions.** Repealed.

History

  • Source: 27 SDR 9, effective August 7, 2000; 29 SDR 177, effective July 1, 2003; 32 SDR 58, effective October 25, 2005; repealed, 37 SDR 69, effective October 19, 2010.
ARSD 64:04:01:23 Repealed

Agricultural land must be tested to determine if it is NA-Z.** Repealed.

History

  • Source: 27 SDR 9, effective August 7, 2000; repealed, 37 SDR 69, effective October 19, 2010.
ARSD 64:04:01:24 Repealed

Formula used to test whether property is NA-Z when a soil survey is available.** Repealed.

History

  • Source: 27 SDR 9, effective August 7, 2000; 30 SDR 211, effective July 1, 2004; repealed, 37 SDR 69, effective October 19, 2010.
ARSD 64:04:01:25 Repealed

Formula used to test whether property is NA-Z when a soil survey is not available.** Repealed.

History

  • Source: 27 SDR 9, effective August 7, 2000; 30 SDR 211, effective July 1, 2004; repealed, 37 SDR 69, effective October 19, 2010.
ARSD 64:04:01:26 Definition of manufactured and mobile home dealer's inventory

For the purposes of SDCL 10-4-2.4, 10-9-2, and 10-21-39, a manufactured or mobile home, as defined in SDCL subdivisions 32-3-1(6) and (8), is in a dealer's inventory if the South Dakota title has been reassigned to the dealer and the home is located on the dealer's lot. A dealer's lot means its principal place of business, as defined in SDCL 32-7A-2, its auxiliary lot, as defined in SDCL subdivision 32-7A-1(1), its supplemental lot, as defined in SDCL subdivision 32-7A-1(6), or its temporary supplemental lot, as defined in SDCL subdivision 32-7A-1(7). A manufactured or mobile home on consignment to the dealer is not considered to be in the dealer's inventory.

A manufactured or mobile home is not considered to be in the dealer's inventory if the home is being rented, leased, or occupied as a residence, regardless of how it is titled.

History

  • Source: 28 SDR 178, effective July 1, 2002.
  • General Authority: SDCL 10-10-6.
  • Law Implemented: SDCL 10-4-2.4, 10-9-2, 10-21-39.
ARSD 64:04:01:27 Repealed

Required report by director of equalization.** Repealed.

History

  • Source: 28 SDR 178, effective July 1, 2002; 47 SDR 71, effective December 10, 2020.
ARSD 64:04:01:28 Form required for opt out resolution

The form for the opt out resolution required by SDCL subdivision 10-12-43(4) and SDCL subdivision 10-13-36(4) is PT 182. The time period specified in the opt out resolution shall commence with the taxes payable in the year following the year the opt out is passed and run for the consecutive years stated in the resolution. The resolution form shall be signed by each member of the governing body voting in favor of the opt out. However, the only name required on the publication notice for the opt out resolution is the finance officer or auditor.

ATTENTION TAXPAYERS:

NOTICE OF

RESOLUTION FOR OPT OUT

__________________________________________________________ does state that the above said board is unable to operate under the tax limitation measure currently in statute. We therefore OPT OUT of such tax limitation in the amount of $ _____________________ starting with calendar year __________ taxes payable in the calendar year __________. This opt out will be for ________ years, which will be thru taxes payable in the calendar year __________. This action has been taken by the board and approved by at least a two-thirds vote of the board.

This decision may be referred to a vote of the people upon a petition signed by at least five percent of the registered voters in the district and filed with the governing body within twenty days of the first publication of this decision.

Unless this action is referred to a vote of the people and reversed by such vote, this resolution authorizes the county auditor to spread an excess levy to raise tax dollars in the above stated amount.

Signed ______________________________________________ Board Chairman

______________________________________________ Board Member

______________________________________________ Board Member

______________________________________________ Board Member

______________________________________________ Board Member

______________________________________________ Board Member

______________________________________________ Board Member

______________________________________________ Board Member

______________________________________________ Board Member

______________________________________________ Board Member

PT 182

History

  • Source: 28 SDR 178, effective July 1, 2002; 29 SDR 177, effective July 2, 2003.
  • General Authority: SDCL 10-12-43(4), 10-13-36(4).
  • Law Implemented: SDCL 10-12-43(4), 10-13-36(4).
ARSD 64:04:01:29 Repealed

Definitions for determining agricultural income value.** Repealed.

History

  • Source: 29 SDR 177, effective July 2, 2003; 32 SDR 58, effective October 25, 2005; repealed, 37 SDR 69, effective October 19, 2010.
ARSD 64:04:01:30 Repealed

Assessing agricultural land when there are less than fifteen arms-length transactions.** Repealed.

History

  • Source: 29 SDR 177, effective July 2, 2003; 32 SDR 69, effective November 7, 2005; repealed, 37 SDR 69, effective October 19, 2010.
ARSD 64:04:01:30.01 Director of equalization permitted to make adjustments to values when using productivity valuation to establish value. The county director of equalization may adjust values when using the productivity valuation method of valuing agricultural land. The adjustments shall be made equitably and uniformly. Any adjustment made shall be based on documented evidence that the adjustment is necessary for equalization of values. When making any adjustment, the director of equalization shall: (1) Identify the adjustment and give the reasoning for making the adjustment; (2) Identify the amount of the adjustment and the methodology used to determine the amount of the adjustment; (3) Identify the methodology used to apply the adjustment to all the properties that received the adjustment; and (4) Provide to the department a printout of the land inventory for assessed acres showing soil survey map units, capability rating used for each map unit, dollar values, and acres for each map unit for the current assessment year. The printout shall show this information for each organized township, by township/range for each unorganized township in the county, and also contain a county-wide summary of the information. The adjustment, and the documentation supporting the adjustment, shall be reported to the department at the same time information is submitted pursuant to § 64:04:01:31. Source: 32 SDR 58, effective October 25, 2005; 37 SDR 69, effective October 19, 2010. General Authority: SDCL 10-1-16.1, 10-6-124(8). Law Implemented: SDCL 10-1-15, 10-1-16.1, 10-6-33, 10-6-33.31, 10-6-127

Director of equalization permitted to make adjustments to values when using productivity valuation to establish value. The county director of equalization may adjust values when using the productivity valuation method of valuing agricultural land. The adjustments shall be made equitably and uniformly. Any adjustment made shall be based on documented evidence that the adjustment is necessary for equalization of values. When making any adjustment, the director of equalization shall:

(1) Identify the adjustment and give the reasoning for making the adjustment;

(2) Identify the amount of the adjustment and the methodology used to determine the amount of the adjustment;

(3) Identify the methodology used to apply the adjustment to all the properties that received the adjustment; and

(4) Provide to the department a printout of the land inventory for assessed acres showing soil survey map units, capability rating used for each map unit, dollar values, and acres for each map unit for the current assessment year. The printout shall show this information for each organized township, by township/range for each unorganized township in the county, and also contain a county-wide summary of the information.

The adjustment, and the documentation supporting the adjustment, shall be reported to the department at the same time information is submitted pursuant to § 64:04:01:31.

History

  • Source: 32 SDR 58, effective October 25, 2005; 37 SDR 69, effective October 19, 2010.
  • General Authority: SDCL 10-1-16.1, 10-6-124(8).
  • Law Implemented: SDCL 10-1-15, 10-1-16.1, 10-6-33, 10-6-33.31, 10-6-127.
ARSD 64:04:01:31 Establishing equalization factor

For the department to accurately establish the equalization factors, each county shall supply the following information no later than January 1 of the year the factor is to be established:

(1) Summary of changes made to assessments for the current assessment year;

(2) Printout of county-wide abstract reflecting changes made for the current assessment year;

(3) Printout or electronic file of sales for the last assessment year showing current year assessment. If there are less than fifteen sales of nonagricultural property, the county shall supply this same information, for the number of years necessary to obtain the fifteen sales; and

(4) A county-wide printout of the land inventory for assessed acres showing soil survey map units, capability rating used for each map unit, dollar values and acres for each map unit for the current assessment year.

History

  • Source: 29 SDR 177, effective July 2, 2003; 32 SDR 58, effective October 25, 2005; 37 SDR 69, effective October 19, 2010.
  • General Authority: SDCL 10-1-16.1.
  • Law Implemented: SDCL 10-1-15, 10-1-16, 10-3-41, 10-12-44, 10-13-37.
ARSD 64:04:01:31.01 Department to review adjustments for consideration in determining equalization factor

To determine the agricultural equalization factor for a county, the department shall consider information submitted pursuant to § 64:04:01:31 The department shall also consider any evidence submitted for value adjustments made when using the productivity valuation method of valuing agricultural land. The department shall review these adjustments to determine if such adjustments were necessary, based on the supported documentation, and made uniformly and equitably.

History

  • Source: 32 SDR 58, effective October 25, 2005; 37 SDR 69, effective October 19, 2010.
  • General Authority: SDCL 10-1-16.1.
  • Law Implemented: SDCL 10-1-15, 10-1-16.1, 10-6-33, 10-6-33.28, 10-3-41, 10-12-44, 10-13-37.
ARSD 64:04:01:32 Transferred

Transferred to § 64:17:01:01.**

ARSD 64:04:01:33 Transferred

Transferred to § 64:17:01:02.**

ARSD 64:04:01:34 Transferred

Transferred to § 64:17:01:03.**

ARSD 64:04:01:35 Transferred

Transferred to § 64:17:01:04.**

Chapter 64:04:02 Property taxable

ARSD 64:04:02:01 Repealed

Nonregistered aircraft.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; repealed, 13 SDR 129, 13 SDR 134, effective July 1, 1987.
ARSD 64:04:02:02 Repealed

Nonregistered vehicles.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; repealed, 13 SDR 129, 13 SDR 134, effective July 1, 1987.
ARSD 64:04:02:03 Repealed

Machinery permanently attached.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; repealed, 24 SDR 31, effective September 17, 1997.
ARSD 64:04:02:04 Repealed

Farm property other than livestock -- Property located in several taxing districts.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; repealed, 13 SDR 129, 13 SDR 134, effective July 1, 1987.
ARSD 64:04:02:05 Repealed

Personal property located on a farm operated by a tenant or others.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; repealed, 13 SDR 129, 13 SDR 134, effective July 1, 1987.
ARSD 64:04:02:06 Repealed

Manufacturers to be assessed where located.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; repealed, 13 SDR 129, 13 SDR 134, effective July 1, 1987.
ARSD 64:04:02:07 Repealed

Merchants assessed where located -- Inventories listed where kept.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; repealed, 13 SDR 129, 13 SDR 134, effective July 1, 1987.
ARSD 64:04:02:08 Repealed

Capital stock and franchises to be listed where located.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; repealed, 13 SDR 129, 13 SDR 134, effective July 1, 1987.
ARSD 64:04:02:09 Repealed

Logs and timber -- Assessed where located.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; repealed, 13 SDR 129, 13 SDR 134, effective July 1, 1987.
ARSD 64:04:02:10 Repealed

Personal property of an estate.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; repealed, 13 SDR 129, 13 SDR 134, effective July 1, 1987.
ARSD 64:04:02:11 Repealed

Property in the hands of an agent.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; repealed, 13 SDR 129, 13 SDR 134, effective July 1, 1987.
ARSD 64:04:02:12 Repealed

Household goods to be assessed where kept.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; repealed, 13 SDR 129, 13 SDR 134, effective July 1, 1987.
ARSD 64:04:02:13 Repealed

Personal property located in this state by nonresident owner.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; repealed, 13 SDR 129, 13 SDR 134, effective July 1, 1987.
ARSD 64:04:02:14 Repealed

Tangible personal property located in another state.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; repealed, 13 SDR 129, 13 SDR 134, effective July 1, 1987.
ARSD 64:04:02:15 Repealed

Business structures located on railroad right-of-way.** Repealed.

History

  • Source: 4 SDR 5, effective August 7, 1977; repealed, 13 SDR 129, 13 SDR 134, effective July 1, 1987.

Chapter 64:04:03 Property exempt, Repealed

ARSD 64:04:03 Repealed chapter

CHAPTER 64:04:03

PROPERTY EXEMPT

(Repealed. 19 SDR 42, effective September 29, 1992)

Chapter 64:04:04 Appraisal of buildings

ARSD 64:04:04:01 Cost approach to valuation of property

64 : 04 : 04 : 01 . Cost approach to valuation of property. The standard appraisal guides for use by all directors of equalization in the state for cost approach calculations for valuation of residential and non-residential property are: (1) the Marshall and Swift Residential Cost Handbook and the Marshall Valuation Service; and (2) the Vanguard Real Property Appraisal Manual.

References: The Marshall and Swift Residential Cost Handbook and the Marshall Valuation Service may be obtained from Core Logic, 40 Pacifica, Irvine California 92618. The price of the Marshall and Swift Residential Cost Handbook is $329.95. The price of the Marshall Valuation Service is $641.95.

The Vanguard Real Property Appraisal Manual may be obtained from Vanguard Appraisals, Inc., 1605 Sierra Court NE, Suite D, Cedar Rapids Iowa 52402. The price of the Vanguard Real Property Appraisal Manual is $50.

History

  • Source: 16 SDR 76, effective November 1, 1989; 17 SDR 4, effective July 18, 1990; 17 SDR 199, effective July 1, 1991; 19 SDR 42, effective September 29, 1992; 20 SDR 134, effective February 22, 1994; 23 SDR 117, effective January 27, 1997; 24 SDR 31, effective September 17, 1997; 24 SDR 180, effective July 1, 1998; 26 SDR 18, effective August 19, 1999; 27 SDR 9, effective August 7, 2000; 27 SDR 147, effective July 8, 2001; 28 SDR 178, effective July 1, 2002; 29 SDR 177, effective July 2, 2003; 30 SDR 211, effective July 1, 2004; 32 SDR 58, effective October 25, 2005; 33 SDR 67, effective October 24, 2006; 34 SDR 93, effective October 17, 2007; 35 SDR 88, effective October 27, 2008; 37 SDR 69, effective October 19, 2010; 38 SDR 122, effective January 17, 2012; 39 SDR 123, effective January 17, 2013; 40 SDR 129, effective January 16, 2014; 41 SDR 108, effective January 5, 2015; 42 SDR 98, effective January 5, 2016; transferred from § 64:03:01:02.01, 47 SDR 71, effective December 10, 2020.
  • General Authority: SDCL 10-1-16.1.
  • Law Implemented: SDCL 10-1-16.1, 10-6-33.
ARSD 64:04:04:02 Residential real estate appraisal guide

64 : 04 : 04 : 02 . Residential real estate appraisal guide. As incorporated in § 64:04:04:01, the standard real estate appraisal guides for use by all directors of equalization in the state for appraisal of residential structures and mobile home property by the replacement cost method to determine full and true value for tax purposes pursuant to chapter 10-6 and 10-9 are:

(1) The Marshall and Swift Residential Cost Handbook and the Marshall Valuation Service; and

(2) The Vanguard Real Property Appraisal Manual.

History

  • Source: 11 SDR 1, effective July 19, 1984; 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 95, effective January 10, 1988; 15 SDR 58, effective October 19, 1988; 16 SDR 76, effective November 1, 1989; 17 SDR 4, effective July 18, 1990; 17 SDR 199, effective July 1, 1991; 19 SDR 42, effective September 29, 1992; 20 SDR 134, effective February 22, 1994; 23 SDR 117, effective January 27, 1997; 38 SDR 122, effective January 17, 2012; transferred from § 64:04:01:17, 47 SDR 71, effective December 10, 2020.
  • General Authority: SDCL 10-1-16.1.
  • Law Implemented: SDCL 10-1-16.1.
ARSD 64:04:04:03 Commercial real estate appraisal guide

64 : 04 : 04 : 03 . Commercial real estate appraisal guide. As incorporated in § 64:04:04:01, the standard real estate appraisal guides for use by all directors of equalization in the state for the appraisal of buildings and improvements other than noncommercial residential structures by the replacement cost method to determine full and true value for tax purposes pursuant to SDCL 10-6 are:

(1) The Marshall and Swift Residential Cost Handbook and the Marshall Valuation Service; and

(2) The Vanguard Real Property Appraisal Manual.

History

  • Source: 11 SDR 1, effective July 19, 1984; 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 14 SDR 95, effective January 10, 1988; 15 SDR 58, effective October 19, 1988; 16 SDR 76, effective November 1, 1989; 17 SDR 4, effective July 18, 1990; 17 SDR 199, effective July 1, 1991; 19 SDR 42, effective September 29, 1992; 20 SDR 134, effective February 22, 1994; 23 SDR 117, effective January 27, 1997; 38 SDR 122, effective January 17, 2012; transferred from § 64:04:01:18, 47 SDR 71, effective December 10, 2020.
  • General Authority: SDCL 10-1-16.1.
  • Law Implemented: SDCL 10-1-16.1.
ARSD 64:04:04:04 Depreciation tables may be used

64 : 04 : 04 : 04 . Depreciation tables may be used. Existing depreciation tables may be used to estimate physical loss in value provided the tables have been adjusted to fit the local market by a comparison of sales and appraisal of comparable properties.

History

  • Source: 4 SDR 5, effective August 7, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; transferred from § 64:03:01:25, 47 SDR 71, effective December 10, 2020.
  • General Authority: SDCL 10-1-16.1.
  • Law Implemented: SDCL 10-6-33.
ARSD 64:04:04:05 Functional and external obsolescence allowances

64 : 04 : 04 : 05 . Functional and external obsolescence allowances. Functional and external obsolescence allowances must be estimated by analyzing the market value using the income or sales comparison approaches. The estimate of value obtained by either approach, when compared to the value obtained by the cost approach, indicates the degree of obsolescence present.

History

  • Source: 4 SDR 5, effective August 7, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 29 SDR 177, effective July 2, 2003; transferred from § 64:03:01:28, 47 SDR 71, effective December 10, 2020.
  • General Authority: SDCL 10-1-16.1.
  • Law Implemented: SDCL 10-6-33.
ARSD 64:04:04:06 Replacement cost data -- Obsolescence

64 : 04 : 04 : 06 . Replacement cost dat a -- Obsolescence. The replacement cost must be estimated by using cost of local materials and labor and other construction items. From this cost must be deducted an estimated amount for loss in value due to wear and tear from use and the elements and any obsolescence that may occur due to changes in use, age and any other factor that may be present in the structure. For special conditions, additions and deductions must be made to estimate a fair building value.

History

  • Source: 4 SDR 5, effective August 7, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; transferred from § 64:03:02:04, 47 SDR 71, effective December 10, 2020.
  • General Authority: SDCL 10-1-16.1.
  • Law Implemented: SDCL 10-6-33.
ARSD 64:04:04:07 Replacement costs -- Adds and deducts

64 : 04 : 04 : 07 . Replacement costs -- Adds and deducts. Replacement costs for a residential building must be expressed as so many dollars per square foot of area of building. Important variations in base specifications of an individual building must be accounted for by additions to or deductions from the base replacement cost.

History

  • Source: 4 SDR 5, effective August 7, 1977; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 29 SDR 177, effective July 2, 2003; transferred from § 64:03:02:07, 47 SDR 71, effective December 10, 2020.
  • General Authority: SDCL 10-1-16.1.
  • Law Implemented: SDCL 10-6-33.
ARSD 64:04:04:08 Base replacement cost

64 : 04 : 04 : 08 . Base replacement cost. Base unit cost figures used in arriving at full and true values for commercial and industrial properties must be taken from the most recent base cost information.

History

  • Source: 4 SDR 5, effective August 9, 1977; 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; transferred from § 64:03:03:09, 47 SDR 71, effective December 10, 2020.
  • General Authority: SDCL 10-1-16.1.
  • Law Implemented: SDCL 10-6-33.
ARSD 64:04:04:09 Variations in base costs

64 : 04 : 04 : 09 . Variations in base costs. Additions to or deductions from the base replacement costs shall be made when there are variations in the building under appraisal from the base specifications to the applicable building quality.

History

  • Source: 4 SDR 5, effective August 9, 1977; 7 SDR 30, effective October 5, 1980; 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; transferred from § 64:03:03:10, 47 SDR 71, effective December 10, 2020.
  • General Authority: SDCL 10-1-16.1.
  • Law Implemented: SDCL 10-6-33.
ARSD 64:04:04:10 Current cost and local multipliers

64 : 04 : 04 : 10 . Current cost and local multipliers. Current cost and local multipliers must be applied to the base cost figures to adjust local costs to reflect recent increases or decreases in labor and materials for that area or any other given area.

History

  • Source: 4 SDR 5, effective August 9, 1977; 12 SDR 111, effective January 12, 1986; 13 SDR 129, 13 SDR 134, effective July 1, 1987; transferred from § 64:03:03:11, 47 SDR 71, effective December 10, 2020.
  • General Authority: SDCL 10-1-16.1.
  • Law Implemented: SDCL 10-6-33.

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