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Article 5. Cancellation Of Taxes On Exempt Property of California Revenue And Taxation Code >> Division 1. >> Part 9. >> Chapter 4. >> Article 5.
As used in this article, "exempt property" means:
(a) Property acquired by the United States that becomes exempt from taxation under the laws of the United States.
(b) Property acquired by the state or by a county, city, school district, or other public entity, that becomes exempt from taxation under the laws of the state.
(a) Property acquired by the United States that becomes exempt from taxation under the laws of the United States.
(b) Property acquired by the state or by a county, city, school district, or other public entity, that becomes exempt from taxation under the laws of the state.
For purposes of this article, the "date of apportionment" is
the earliest of the following times:
(a) The date the conveyance to the acquiring entity or the final order of condemnation is recorded.
(b) The date of actual possession by the acquiring entity.
(c) The date upon or after which the acquiring entity may take possession as authorized by an order for possession or by a declaration of taking.
(a) The date the conveyance to the acquiring entity or the final order of condemnation is recorded.
(b) The date of actual possession by the acquiring entity.
(c) The date upon or after which the acquiring entity may take possession as authorized by an order for possession or by a declaration of taking.
Every public entity shall do all of the following:
(a) Provide the local assessor and auditor a copy of the instrument evidencing the acquisition of property by the entity.
(b) Indicate on the instrument referred to in subdivision (a) the date of apportionment.
(c) Request the auditor to cancel taxes for the remaining portion of the fiscal year after the date of apportionment.
(d) Provide a map of the acquired property.
(a) Provide the local assessor and auditor a copy of the instrument evidencing the acquisition of property by the entity.
(b) Indicate on the instrument referred to in subdivision (a) the date of apportionment.
(c) Request the auditor to cancel taxes for the remaining portion of the fiscal year after the date of apportionment.
(d) Provide a map of the acquired property.
If exempt property is acquired either by negotiated purchase
or eminent domain any lien on the property for ad valorem taxes is
extinguished as a matter of law upon the acquisition of the property,
and the lien immediately transfers and attaches to the proceeds
constituting the purchase price or award.
(a) No cancellation shall be made of all or any portion of
any unpaid taxes or any penalties or costs levied for prior tax years
that constitute a lien at the time of acquisition of exempt
property.
(b) Such unpaid taxes, penalties, and costs shall be paid through escrow at the close of escrow or from the award in eminent domain, or if unpaid for any reason, shall be transferred to the unsecured roll pursuant to Section 5090 and are collectible from either the person from whom the property was acquired or the public entity that acquired the property.
(b) Such unpaid taxes, penalties, and costs shall be paid through escrow at the close of escrow or from the award in eminent domain, or if unpaid for any reason, shall be transferred to the unsecured roll pursuant to Section 5090 and are collectible from either the person from whom the property was acquired or the public entity that acquired the property.
If exempt property is acquired by negotiated purchase, gift,
devise, or eminent domain after the lien date but prior to the
commencement of the fiscal year for which taxes are a lien on the
property, the amount of the taxes for that fiscal year shall be
canceled and are not collectible from either the person from whom the
property was acquired or the public entity that acquired the
property.
If exempt property is acquired by negotiated purchase, gift,
devise, or eminent domain after commencement of the fiscal year for
which the current taxes are a lien on the property:
(a) The portion of the current taxes and any penalties and costs that are allocable to the part of the fiscal year that ends on the day before the date of apportionment shall be paid through escrow at the close of escrow or from the award in eminent domain.
(b) The portion of the current taxes and any penalties and costs that are allocable to the part of the fiscal year that begins on the date of apportionment shall be canceled and are not collectible either from the person from whom the property was acquired or from the public entity that acquired the property.
(c) If the amount of taxes or special assessment liens is unknown, the portion of the current taxes attributable to the period of the fiscal year that ends on the day before the date of apportionment shall be ascertained by the auditor on a pro rata basis of the previous year's taxes, and shall be paid to the tax collector. The auditor shall adjust the assessment roll and the tax charge accordingly.
(a) The portion of the current taxes and any penalties and costs that are allocable to the part of the fiscal year that ends on the day before the date of apportionment shall be paid through escrow at the close of escrow or from the award in eminent domain.
(b) The portion of the current taxes and any penalties and costs that are allocable to the part of the fiscal year that begins on the date of apportionment shall be canceled and are not collectible either from the person from whom the property was acquired or from the public entity that acquired the property.
(c) If the amount of taxes or special assessment liens is unknown, the portion of the current taxes attributable to the period of the fiscal year that ends on the day before the date of apportionment shall be ascertained by the auditor on a pro rata basis of the previous year's taxes, and shall be paid to the tax collector. The auditor shall adjust the assessment roll and the tax charge accordingly.
The auditor shall cancel taxes on the date of apportionment
provided in the notice required by Section 5082.1.
The board of supervisors of a county may provide that all
unpaid taxes, penalties, and costs and the allocable portion of
current taxes, penalties, and costs computed in accordance with this
article shall not be paid through escrow at the close of escrow or
from the award in eminent domain, but shall be transferred to the
unsecured roll pursuant to Section 5090 and are collectible from the
person from whom the property was acquired.
Notwithstanding any other provision of this article, unpaid
taxes, penalties, or costs shall not be transferred to the unsecured
roll with respect to property that has become subject to a power of
sale pursuant to Section 3691.
The board of supervisors of a county may prescribe that,
where the amount of unpaid taxes, penalties, and costs to be
transferred to the unsecured roll pursuant to this article is less
than twenty dollars ($20) with respect to a given fiscal year, the
unpaid taxes, penalties, and costs shall be canceled rather than
transferred to the unsecured roll.
(a) If taxes, penalties, and costs that are not subject to
cancellation pursuant to this article are unpaid at the time set for
the declaration of default of property on the secured roll, they
shall be transferred to the unsecured roll pursuant to Section
2921.5, and collected as provided therein.
(b) The statute of limitations on any suit brought to collect taxes, penalties, and costs transferred to the unsecured roll commences to run on the date of transfer, which date shall be entered on the unsecured roll by the auditor opposite the name of the assessee at the time the transfer is made.
(c) The amount of taxes, penalties, and costs collectible on the unsecured roll from a public entity pursuant to this article shall not exceed the amount paid for the property or awarded in the proceeding.
(d) The person from whom the property was acquired is liable to the public entity that acquired the property for any taxes, penalties, and costs collected on the unsecured roll from the public entity.
(b) The statute of limitations on any suit brought to collect taxes, penalties, and costs transferred to the unsecured roll commences to run on the date of transfer, which date shall be entered on the unsecured roll by the auditor opposite the name of the assessee at the time the transfer is made.
(c) The amount of taxes, penalties, and costs collectible on the unsecured roll from a public entity pursuant to this article shall not exceed the amount paid for the property or awarded in the proceeding.
(d) The person from whom the property was acquired is liable to the public entity that acquired the property for any taxes, penalties, and costs collected on the unsecured roll from the public entity.
(a) If a public entity proposes to acquire property for a
public use that will make the property exempt from taxation, the
public entity shall give notice to the county tax collector and to
any public entities whose taxes are not collected by the county tax
collector but who at the time exercise the right of assessment and
taxation.
(b) The notice shall be given within a reasonable time following the initial budgeting of funds for the proposed acquisition, and shall state all of the following:
(1) The approximate extent of the proposed project.
(2) The estimated time of completion of all acquisitions necessary for the proposed project.
(c) This section creates no rights or liabilities and does not affect the validity of any property acquisitions by negotiated purchase or eminent domain.
(b) The notice shall be given within a reasonable time following the initial budgeting of funds for the proposed acquisition, and shall state all of the following:
(1) The approximate extent of the proposed project.
(2) The estimated time of completion of all acquisitions necessary for the proposed project.
(c) This section creates no rights or liabilities and does not affect the validity of any property acquisitions by negotiated purchase or eminent domain.
