Missouri Revised Statutes

Mo. Rev. Stat. § 138.390 (2026)

To classify and equalize property

✓ current as of May 2026
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  138.390.  To classify and equalize property. — 1.  The state tax commission shall equalize the valuation of real and tangible personal property among the several counties in the state in the following manner:  with the abstracts of all the taxable property in the several counties of the state and the abstracts of the sales of real estate in such counties as returned by the respective county clerks and the assessor of the city of St. Louis, the commission shall classify all real estate situate in cities, towns, and villages, as town lots, and all other real estate as farming lands, and shall classify all tangible personal property as follows:  banking corporations, railroad corporations, street railroad corporations, all other corporations, horses, mares and geldings, mules, asses and jennets, neat cattle, sheep, swine, goats, domesticated small animals and all other livestock, poultry, power machinery, farm implements, other tangible personal property.

  2.  The state tax commission shall equalize the valuation of each class or subclass of property thereof among the respective counties of the state in the following manner:

  (1)  It shall add to the valuation of each class, subclass, or portion thereof of the property, real or tangible personal, of each county which it believes to be valued below its real value in money such amount or percent as will increase the same in each case to its true value;

  (2)  It shall deduct from the valuation of each class, subclass, or portion thereof of the property, real or tangible personal, of each county which it believes to be valued above its real value in money such amount or percent as will reduce the same in each case to its true value.

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(RSMo 1939 § 11027, A.L. 1945 p. 1805 § 15, A.L. 1947 V. I p. 548, A.L. 2008 S.B. 711)

Prior revisions: 1929 § 9854; 1919 § 12847

CROSS REFERENCE:

Commission to equalize assessments and hear appeals required, Const. Art. X § 14

(1958) County board of equalization's authority is limited to equalizing valuations of property within its jurisdiction and the tax commission's jurisdiction on appeal is purely derivative.  The tax commission's original jurisdiction to equalize valuations as between counties does not give it authority to attempt to equalize assessments of specific property as between one county and property in another on an appeal from a county board of equalization. Foster Bros. Mfg. Co. v. State Tax Comm. of Mo. (Mo.), 319 S.W.2d 590.

(1962) When a taxpayer pursues his administrative remedy and directly appeals a tax commission order, neither a circuit court nor an appellate court has the power to fix the valuation and thus assess specific property. The courts may only determine whether the tax commission could reasonably have made the finding. Peck's Products Company v. Bannister (Mo.), 362 S.W.2d 596.

Notes of Decisions
Cited in 12 cases, 1958–2009 · leading case: Comm. for Educ. Equality v. State, 294 S.W.3d 477 (Mo. 2009).
Comm. for Educ. Equality v. State, 294 S.W.3d 477 (Mo. 2009). · cites it 16× “Section 138.390, RSMo Supp.2008, describes the manner in which the state tax commission must equalize the assessment values.”
State Ex Rel. Sch. Dist. of Indep. v. Jones, 653 S.W.2d 178 (Mo. 1983). · cites it 4× “Section 138.390, which mandates equalization of assessed valuations of property among counties, however, requires the State Tax Commission to equalize classes of property separately: 138.”
May Dep't Stores Co. v. State Tax Comm'n, 308 S.W.2d 748 (Mo. 1958). · cites it 3× “In 1954, the State Tax Commission determined, wholly or partly from a study of a “Real Estate Ratio Study,” which was based on certain reported sales in 1953 and on 1954 real estate assessments, that an equalization of valuations as between counties was necessary; such is…”
FOSTER BROS. MPG. CO. v. State Tax Comm'n of Mo., 319 S.W.2d 590 (Mo. 1958). · cites it 4× “It is provided for in Section 138.390 as follows: “1. Between the dates of June twentieth and the second Monday in July, 1946, and between the same dates each year thereafter, the state tax commission shall equalize the valuation of real and tangible personal property among the…”
Scholle v. Carrollton R-VII Sch. Dist., 771 S.W.2d 336 (Mo. 1989). · cites it 2× “Aside from its application to the ongoing process of assessment and equalization mandated annually by Section 138.390, at the time the voters adopted the Hancock Amendment, this Court had decided State ex rel Cassilly v.”
In Re St. Joseph Lead Co., 352 S.W.2d 656 (Mo. 1962). “§ 138.390(2). Other than the inferences one might draw from its conclusions of law, the commission did not indicate either the theory or the evidence upon which it based its valuation, the commission found "that the fair, reasonable and lawful valuation of petitioner's property,…”
City of St. Louis v. State Tax Comm'n, 505 S.W.2d 75 (Mo. 1974). “The procedure for intercounty equalization by the Commission is set out in Sections 138.390 and 138.400. As indicated, all of the parties agree that the commissioner’s letter of January 5, 1971, did not constitute an intercounty equalization order.”
State ex rel. Riney v. Mason, 537 S.W.2d 181 (Mo. 1976). · cites it 2× “PER CURIAM: The state tax commission petitioned for a writ of mandamus requiring the respondent county clerk of Buchanan County to compute and extend taxes for 1975 based on an aggregate valuation of real and tangible personal property as determined by the commission under §…”
St. Francois Cnty. v. State Tax Comm'n, 352 S.W.2d 656 (Mo. 1961). “§ 138.390(2). ■Other than the inferences one might draw from its conclusions of law, the commission did not indicate either the theory or the ■evidence upon which it based its valuation, the commission found “that the fair, reasonable and lawful valuation of petitioner’s…”
State ex rel. Brown v. Antonio, 489 S.W.2d 193 (Mo. 1973). “In addition, the Commission is required to make an annual review and order, pursuant to §§ 138.390 and 138.400, whereby it undertakes to equalize intercounty assess-' ments.”
State ex rel. Riney v. Clouse, 537 S.W.2d 182 (Mo. 1976). “59370, also decided this date, the relator seeks to require the respondent county clerk (here of Saline County) to compute and extend taxes based on an aggregate valuation of real and tangible personal property as determined by the commission under §§ 138.390 and 138.400(3),…”
Kansas City S. Ry. Co. v. Garvey, 592 S.W.2d 703 (Mo. 1979). “§ 138.390. The commission then returns to the county a report showing the value of the real and tangible personal property of the county as equalized by the commission.”
Mo. Rev. Stat. § 138.390(2): 2 cases
In Re St. Joseph Lead Co., 352 S.W.2d 656 (Mo. 1962). “§ 138.390(2). Other than the inferences one might draw from its conclusions of law, the commission did not indicate either the theory or the evidence upon which it based its valuation, the commission found "that the fair, reasonable and lawful valuation of petitioner's property,…”
St. Francois Cnty. v. State Tax Comm'n, 352 S.W.2d 656 (Mo. 1961). “§ 138.390(2). ■Other than the inferences one might draw from its conclusions of law, the commission did not indicate either the theory or the ■evidence upon which it based its valuation, the commission found “that the fair, reasonable and lawful valuation of petitioner’s…”
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