O.C.G.A.

O.C.G.A. § 48-5-1 (2019)

Legislative intent

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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The intent and purpose of the tax laws of this state are to have all property and subjects of taxation returned at the value which would be realized from the cash sale, but not the forced sale, of the property and subjects as such property and subjects are usually sold except as otherwise provided in this chapter.

History

Ga. L. 1909, p. 36, § 22; Civil Code 1910, § 1004; Code 1933, § 92-5702; Ga. L. 1968, p. 358, § 1; Ga. L. 1975, p. 96, § 1; Ga. L. 1978, p. 1950, § 1; Code 1933, § 91A-1001, enacted by Ga. L. 1978, p. 309, § 2; Ga. L. 1991, p. 1903, § 1.

Annotations

Editor’s notes. Ga. L. 1991, p. 1903, § 15, not codified by the General Assembly, provides that the amendment to this Code section shall be applicable beginning January 1, 1992, with respect to ad valorem taxation of timber and shall be applicable beginning January 1, 1992, for all other purposes. Taxation for prior periods shall continue to be governed by prior law. Administrative rules and regulations. Taxation of Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Revenue, Local Government Services Division, Rule 560-11-5-.01 et seq. Conservation Use Property, Official Compilation of the Rules and Regulations

of the State of Georgia, Rules of Department of Revenue, Local Government Services Division, Rule 560-11-6-.01 et seq. Appraisal Procedures Manual, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Department of Revenue, Local Government Services Division, Rule 560-11-10-.01 et seq. Forest, Official Compilation of the Rules and Regulations of the State of Georgia, Local Government Services Division. Law reviews. For article surveying developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 187 (1981). For article surveying developments in Georgia real property law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 219 (1981). For annual survey on local government law, see 68 Mercer L. Rev. 199 (2016). For annual survey on local government law, see 71 Mercer L. Rev. 189 (2019).

JUDICIAL DECISIONS Construction. - The language in O.C.G.A. § 48-5-1 that exempts forced sales from determining the tax value of a property is limited by the “notwithstanding any other provision” language in O.C.G.A. § 48-5-2 (3) as well as by its own terms “except as otherwise provided in this chapter.” Thus, foreclosure sales can be arm’s length, bona fide sales and these properties can not be taxed at fair market values higher than the amounts paid at public auctions. DeKalb County Bd. of Tax Assessors v. Astor Atl, LLC, 349 Ga. App. 867, 826

S.E.2d 685, 2019 Ga. App. LEXIS 216 (2019). Fact that property may be rented for amount which is disproportionate to “fair market value” does not, in and of itself, entitle the owner to an assessment based on some other method of valuation. Williamson v. DeKalb County Bd. of Tax Assessors, 168 Ga. App. 47, 308 S.E.2d 55, 1983 Ga. App. LEXIS 2672 (1983). No intent to limit manner of investigation into property value. - Statute merely states a rule to be applied

by municipalities in arriving at the value at which taxable property shall be assessed for the purposes of taxation, and does not purport to limit investigations or the manner or agencies by which the municipal authorities shall inquire into such value of taxable property. Tietjen v. Mayor of Savannah, 161 Ga. 125, 129 S.E. 653, 1925 Ga. LEXIS 313 (1925). Land should be assessed at market value without entering into a determination of the value only of a life estate placed thereon. Loudermilk v. Cobb County Bd. of Tax Assessors, 155 Ga. App. 591, 271 S.E.2d 723, 1980 Ga. App. LEXIS 2692 (1980). Market value of property, not the fractional interest is evaluated in determining the tax base. Loudermilk v. Cobb County Bd. of Tax Assessors, 155 Ga. App. 591, 271 S.E.2d 723, 1980 Ga. App. LEXIS 2692 (1980). Arm’s length, bona fide sale occurred. - Trial court erred by determining that the sheriff’s sale of certain real property was not an arm’s length, bona fide sale under O.C.G.A. § 48-5-2(3) because the sheriff’s sale of the subject property was a distress sale and public auction; thus, it was an arm’s length, bona fide sale under the plain terms of § 48-5-2(.1). Park Solutions, LLC v. DeKalb County Bd. of Tax Assessors, 336 Ga. App. 832, 783 S.E.2d 453, 2016 Ga. App. LEXIS 183 (2016). Club membership appurtenant to property. - Although the taxpayers’

memberships in a club were not subject to taxation, if a taxpayer relinquished that membership upon sale of the taxpayer’s real estate, the buyer could apply for immediate membership, and such an application would normally be granted. Therefore, a county board of tax assessors would have violated Ga. Const. 1983, Art. VII, Sec. I, Para. III and O.C.G.A. § 48-5-1 if the board excluded the enhanced value of the properties attributable to the right to apply for such memberships from ad valorem taxation because it was part of the properties’ fair market value. Morton v. Glynn County Bd. of Tax Assessors, 294 Ga. App. 901, 670 S.E.2d 528, 2008 Ga. App. LEXIS 1333 (2008). Effect of life estate on rate of taxation. - Life estate is not a restrictive covenant or condition in a deed and does not affect the rate of taxation on the land. Loudermilk v. Cobb County Bd. of Tax Assessors, 155 Ga. App. 591, 271 S.E.2d 723, 1980 Ga. App. LEXIS 2692 (1980). Life interest in an individual does not constitute a restriction dedicating the property to a particular use. Loudermilk v. Cobb County Bd. of Tax Assessors, 155 Ga. App. 591, 271 S.E.2d 723, 1980 Ga. App. LEXIS 2692 (1980).

RESEARCH REFERENCES C.J.S. 82 C.J.S., Statutes, § 524 et seq. 84 C.J.S., Taxation, § 12 et seq.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1983–2024 · leading case: Dekalb Cnty. Bd. of Tax Assessors v. Astor Atl, LLC, 826 S.E.2d 685 (Ga. Ct. App. 2019).
Dekalb Cnty. Bd. of Tax Assessors v. Astor Atl, LLC, 826 S.E.2d 685 (Ga. Ct. App. 2019). · cites it 12× “) OCGA § 48-5-1. OCGA § 48-5-2 (3) provides a limitation on the maximum allowable fair market value.”
Nat'l Tax Funding v. Harpagon Co., 586 S.E.2d 235 (Ga. 2003). · cites it 2× “2 OCGA §§ 48-5-1; 48-5-3; 48-5-9; 48-5-10. 3 OCGA § 48-2-56 (a).”
Park Solutions, LLC v. Dekalb Cnty. Bd. of Tax Assessors, 783 S.E.2d 453 (Ga. Ct. App. 2016). · cites it 11× “In finding that this freeze on the value of the property did not apply to the sheriff’s sale in this case, the trial court relied on OCGA § 48-5-1, which provides that “[t]he intent and purpose of the tax laws of this state are to have all property and subjects of taxation…”
Morton v. Glynn Cnty. Bd. of Tax Assessors, 670 S.E.2d 528 (Ga. Ct. App. 2008). · cites it 4× “The court relied upon Article VII, Section I, Paragraph III of the Georgia Constitution, which provides that “taxation shall be uniform upon the same class of subjects within the territorial limits” of the taxing authority, and OCGA § 48-5-1, which provides: The intent and…”
Eckerd Corp. v. Coweta Cnty. Bd. of Tax Assessors, 491 S.E.2d 173 (Ga. Ct. App. 1997). · cites it 4× “The Superior Court of Coweta County denied appellant’s motion.”
Scott v. Vesta Holdings I, LLC, 620 S.E.2d 447 (Ga. Ct. App. 2005). · cites it 2× “] In order to secure payment of these taxes when they fall delinquent, the law creates a lien which extends not only to the property giving rise to the tax obligation, but also to all other property owned by the taxpayer.”
Moreton Rolleston Living Trust v. Glynn Cnty. Bd., 523 S.E.2d 600 (Ga. Ct. App. 1999). · cites it 2× “Ill of the 1983 Georgia Constitution and OCGA § 48-5-1 et seq. impose upon the executive branch the duty to value, assess, and collect taxes as an executive branch function.”
W. D. Ballard v. Newton Cnty. Bd. of Tax Assessors, 773 S.E.2d 780 (Ga. Ct. App. 2015). · cites it 2× “OCGA § 48-5-1 provides: The intent and purpose of the tax laws of this state are to have all property and subjects of taxation returned at the value which would be realized from the cash sale, but not the forced sale, of the property and subjects as such property and subjects…”
Sibley v. Cobb Cnty. Bd. of Tax Assessors, 318 S.E.2d 643 (Ga. Ct. App. 1984). · cites it 2× “§ 92-5701 (now included in OCGA § 48-5-1), property was required to be returned “at its fair market value.”
Evans v. Bd. of Tax Assessors of Henry Cnty., 310 S.E.2d 562 (Ga. Ct. App. 1983). · cites it 2× “” OCGA § 48-5-1 (Code Ann. § 91A-1001). “All property shall be returned for taxation at its fair market value.”
Williamson v. DeKalb Cnty. Bd. of Tax Assessors, 308 S.E.2d 55 (Ga. Ct. App. 1983). · cites it 2× “” Accord OCGA § 48-5-1 (Code Ann. § 91A-1001). “ ‘[F]air market value of property’ means the amount a knowledgeable buyer would pay for the property and a willing seller would accept for the property at an arm’s length, bona fide sale.”
Taylor Greenwald, II v. Glynn Cnty. Bd. of Tax Assessors (Ga. Ct. App. 2024). · cites it 2× “See OCGA §§ 48-5-1, 48-5-6 (“[a]ll property shall be returned for taxation at its fair market value .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.