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2018 Georgia Code 48-5-298 | Car Wreck Lawyer

TITLE 48 REVENUE AND TAXATION

Section 5. Ad Valorem Taxation of Property, 48-5-1 through 48-5-607.

ARTICLE 5 UNIFORM PROPERTY TAX ADMINISTRATION AND EQUALIZATION

48-5-298. Selection of chairman and secretary; employment contracts with persons to assist board; payment of expenses.

  1. Each county board of tax assessors shall elect one of its members to serve as chairman for each tax year. The election of a chairman shall be the first order of business at the first meeting of the board for each tax year. At the same time, the board shall select from the county appraisal staff one appraiser to act as secretary to the board for that tax year. Each county board of tax assessors, subject to the approval of the county governing authority, may enter into employment contracts with persons to:
    1. Assist the board in the mapping, platting, cataloging, indexing, and appraising of taxable properties in the county;
    2. Make, subject to the approval of the board, reevaluations of taxable property in the county; and
    3. Search out and appraise unreturned properties in the county.
  2. Each county board of tax assessors may enter into a contract with any municipality or political subdivision of the state to provide any information for which the board could contract pursuant to subsection (a) of this Code section.
  3. The expenses of employees engaged and work performed pursuant to this Code section shall be paid, subject to the contracts and after approval by the county governing authority, out of county funds as a part of the expenses of the board.A county board of education or independent board of education may expend funds to assist in paying the expenses incurred in discovering unreturned properties pursuant to this Code Section for the purpose of collecting unpaid school taxes. The method of such expenditure as provided in this subsection and the amount thereof shall be within the discretion of the county board of education or independent board of education.

(Ga. L. 1913, p. 123, § 5; Code 1933, § 92-6910; Ga. L. 1937, p. 517, § 1; Ga. L. 1953, Jan.-Feb. Sess., p. 189, § 1; Ga. L. 1972, p. 1114, § 4; Code 1933, § 91A-1447, enacted by Ga. L. 1978, p. 309, § 2; Ga. L. 1990, p. 1830, § 1.)

JUDICIAL DECISIONS

Claims for compensation to be made to county governing authority.

- Board of commissioners of roads and revenues (now county governing authority) has not only the right, but the duty to examine, audit, and approve claims of agents of the board of tax assessors for compensation and expenses; hence, the petition seeking by way of mandamus to require the county treasurer to pay a certain amount for services rendered, failed to state a cause of action. Armistead v. MacNeill, 203 Ga. 204, 45 S.E.2d 652 (1947).

Limits on power to delegate duties and to contract for services.

- County board of tax assessors cannot delegate the board's duties pertaining to the equalization of property valuations for ad valorem taxation, nor can a board contract for a private company to seek out unreturned, taxable property and to reevaluate all property in the county. Bagwell v. Cash, 207 Ga. 222, 60 S.E.2d 628 (1950).

Contingent fee contract void as against public policy.

- Contingency contract between a county board of tax assessors and a private auditing corporation by which the corporation contingently shared in a percentage of the tax collected was void as against public policy. Sears, Roebuck & Co. v. Parsons, 260 Ga. 824, 401 S.E.2d 4 (1991).

Contract with private firm for audit services proper.

- County board of tax assessors was authorized to contract with a private firm for audit services to aid the board in discovering unreturned and untaxed property. Eckerd Corp. v. Fayette County Bd. of Tax Assessors, 220 Ga. App. 454, 469 S.E.2d 285 (1996); Wal-Mart Stores v. Board of Tax Assessors, 246 Ga. App. 161, 539 S.E.2d 869 (2000).

Authority to hire and fire a tax appraiser rested with the board of tax appraisers, not with the board of commissioners which previously approved the employment contract. Chambers v. Fulford, 268 Ga. 892, 495 S.E.2d 6 (1998).

Payment of contract for employment not considered ratification of contract as a whole.

- In a breach of contract action centering around a contract of employment with a county employer and the county's board of tax assessors, because the employment contract was never approved by the county commission, and the county's payment of a salary to the employee was not considered a ratification of the contract in the contract's entirety, the employee possessed only an at-will employment. Thus, summary judgment was properly entered against the employee. Powell v. Wheeler County, 290 Ga. App. 508, 659 S.E.2d 893 (2008).

Cited in City of Atlanta v. North By Northwest Civic Ass'n, 262 Ga. 531, 422 S.E.2d 651 (1992).

OPINIONS OF THE ATTORNEY GENERAL

Employees beyond minimum staff requirements.

- Individuals employed in the Ben Hill County Tax Assessor's office above and beyond the minimum staff requirements are employees of the Ben Hill County Board of Tax Assessors, not the board of county commissioners, and the Ben Hill County Board of Tax Assessors need not obtain the approval of the Ben Hill County Board of Commissioners before terminating the employment of those individuals. 1985 Op. Att'y Gen. No. U85-25.

Secretary of a county board of tax assessors can legally serve as a tax commissioner under former Code 1933, §§ 92-6903, 92-6907, and 92-6910 (see now O.C.G.A. §§ 48-5-290,48-5-292, and48-5-298). 1952-53 Op. Att'y Gen. p. 303.

Contracts with nonresident corporations for services.

- Nonresident corporations may enter into contracts with county boards of tax assessors to assist such boards in mapping, platting, cataloging, indexing, and appraising of taxable property, and to make reevaluations of taxable property, and to search out and appraise unreturned properties in such counties. 1957 Op. Att'y Gen. p. 27.

Payment for survey and appraisal from taxes levied for school purposes.

- County which contracts for the surveying and appraisal of taxable property may not pay any part of the cost of such services from the taxes levied for school purposes. 1952-53 Op. Att'y Gen. p. 341.

Cases Citing Georgia Code 48-5-298 From Courtlistener.com

Total Results: 3

Chambers v. Fulford

Court: Supreme Court of Georgia | Date Filed: 1998-01-26

Citation: 268 Ga. 892, 495 S.E.2d 6, 98 Fulton County D. Rep. 316, 1998 Ga. LEXIS 25

Snippet: asserting they are not obligated under OCGA §§ 48-5-298 or 48-5-263 (c) to appropriate county money to

City of Atlanta v. North by Northwest Civic Ass'n

Court: Supreme Court of Georgia | Date Filed: 1992-11-16

Citation: 422 S.E.2d 651, 262 Ga. 531, 92 Fulton County D. Rep. 2790, 1992 Ga. LEXIS 944

Snippet: entered the contract under the authority of OCGA § 48-5-298 (a), which provides, among other things, that

Sears, Roebuck & Company v. Parsons

Court: Supreme Court of Georgia | Date Filed: 1991-02-21

Citation: 401 S.E.2d 4, 260 Ga. 824, 1991 WL 21642

Snippet: authority. We agree with the trial court that OCGA § 48-5-298 (a) (3)[1] expressly allows the Board, subject