Rhode Island General Laws

R.I. Gen. Laws § 44-5-12 (2026)

Assessment at full and fair cash value

✓ current as of July 2026

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(a) All real property subject to taxation shall be assessed at its full and fair cash value, as of December 31 in the year of the last revaluation, statistical revaluation or update thereto, or at a uniform percentage thereof, not to exceed one hundred percent (100%), with such value to be determined by the assessors in each town or city. There shall be no adjustment to an assessment because of an increase or decrease in such value as a result of market forces in years when there is no revaluation, statistical revaluation, or update thereto. It is further provided that:

(1) Any residential property encumbered by a covenant recorded in the land records in favor of a governmental unit or the Rhode Island housing and mortgage finance corporation restricting either or both the rents that may be charged or the incomes of the occupants shall be assessed and taxed in accordance with § 44-5-13.11;

(2) In assessing real estate that is classified as farmland, forest, or open space land in accordance with chapter 27 of this title, the assessors shall consider no factors in determining the full and fair cash value of the real estate other than those that relate to that use without regard to neighborhood land use of a more intensive nature;

(3) Warwick. The city council of the city of Warwick is authorized to provide, by ordinance, that the owner of any dwelling of one to three (3) family units in the city of Warwick who makes any improvements or additions on his or her principal place of residence in the amount up to fifteen thousand dollars ($15,000), as may be determined by the tax assessor of the city of Warwick, is exempt from reassessment of property taxes on the improvement or addition until the next general citywide reevaluation of property values by the tax assessor. For the purposes of this section, “residence” is defined as voting address. This exemption does not apply to any commercial structure. The property owner shall supply all necessary plans to the building official for the improvements or addition and shall pay all requisite building and other permitting fees as now are required by law; and

(4) Central Falls. The city council of the city of Central Falls is authorized to provide, by ordinance, that the owner of any dwelling of one to eight (8) units who makes any improvements or additions to his or her residential or rental property in an amount not to exceed twenty-five thousand dollars ($25,000), as determined by the tax assessor of the city of Central Falls, is exempt from reassessment of property taxes on the improvement or addition until the next general citywide reevaluation of property values by the tax assessor. The property owner shall supply all necessary plans to the building official for the improvements or additions and shall pay all requisite building and other permitting fees as are now required by law.

(5) Tangible property shall be assessed according to the asset classification table as defined in § 44-5-12.1. Subject to the exemption for reclassification of farmland as addressed in § 44-27-10.1, renewable energy resources shall only be taxed as tangible property under § 44-5-3(c) and the real property on which they are located shall only be taxed at three dollars and fifty cents ($3.50) per kilowatt of alternating current nameplate capacity. However, notwithstanding the above, but without any limitation on taxpayer rights under § 44-5-26, no municipality shall be liable or otherwise responsible for any rebates, refunds, or any other reimbursements for taxes previously collected for real property with renewable energy resources thereupon.

(6) Provided, however, that, for taxes levied after December 31, 2015, new construction on development property is exempt from the assessment of taxes under this chapter at the full and fair cash value of the improvements, as long as:

(i) An owner of development property files an affidavit claiming the exemption with the local tax assessor by December 31 each year; and

(ii) The assessor shall then determine if the real property on which new construction is located is development property. If the real property is development property, the assessor shall exempt the new construction located on that development property from the collection of taxes on improvements, until such time as the real property no longer qualifies as development property, as defined herein.

For the purposes of this section, “development property” means: (A) Real property on which a single-family residential dwelling or residential condominium is situated and said single-family residential dwelling or residential condominium unit is not occupied, has never been occupied, is not under contract, and is on the market for sale; or (B) Improvements and/or rehabilitation of single-family residential dwellings or residential condominiums that the owner of such development property purchased out of a foreclosure sale, auction, or from a bank, and which property is not occupied. Such property described in subsection (a)(6)(ii) of this section shall continue to be taxed at the assessed value at the time of purchase until such time as such property is sold or occupied and no longer qualifies as development property. As to residential condominiums, this exemption shall not affect taxes on the common areas and facilities as set forth in § 34-36-27. In no circumstance shall such designation as development property extend beyond two (2) tax years and a qualification as a development property shall only apply to property that applies for, or receives, construction permits after July 1, 2015. Further, the exemptions set forth in this section shall not apply to land.

(7) In assessing real estate that is classified as a low- and moderate-income housing, as defined in § 45-53-3, for the purpose of serving as owner-occupied homeownership units, the assessors shall use the most recent sales price of the property as the assessed value.

(8) The office of energy resources shall promulgate regulations for the determination of full and fair cash value for facilities for the generation of electricity from natural gas designed or capable of operating at a gross capacity of forty megawatts (40 MW) or more. Such regulations shall take effect beginning in fiscal year 2027.

(b) Municipalities shall make available to every land owner whose property is taxed under the provisions of this section a document that may be signed before a notary public containing language to the effect that they are aware of the additional taxes imposed by the provisions of § 44-5-39 in the event that they use land classified as farm, forest, or open space land for another purpose.

(c) Pursuant to the provisions of § 44-3-29.1, all wholesale and retail inventory subject to taxation is assessed at its full and fair cash value, or at a uniform percentage of its value, not to exceed one hundred percent (100%), for fiscal year 1999, by the assessors in each town and city. Once the fiscal year 1999 value of the inventory has been assessed, this value shall not increase. The phase-out rate schedule established in § 44-3-29.1(d) applies to this fixed value in each year of the phase out.

Notes of Decisions

Cited in 22 cases (1 in the last 5 years), 1973–2023 · leading case: Harvard Pilgrim Health Care of New England, Inc. v. Gelati, 865 A.2d 1028 (R.I. 2004).

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Harvard Pilgrim Health Care of New England, Inc. v. Gelati, 865 A.2d 1028 (R.I. 2004). · cites it 8× “I Facts and Travel The procedural background of this case was well stated in our earlier decision: “After unsuccessfully appealing assessments to the Providence Board of Tax Assessment Review, Harvard Pilgrim filed four separate actions in Superior Court alleging that the city…”

Gary M. Morse v. Michael R. Minardi, in his capacity as the Town of Barrington Tax Assessor, 208 A.3d 1151 (R.I. 2019). · cites it 11× “Subsequently, the parties submitted memoranda addressing the issue of standing and their respective interpretations of §§ 44-5-12 and 44-5-13.11. In their joint memorandum, defendants contended that both the tax appeal action and the declaratory-judgment action should be…”

Laurence F. Whittemore, III v. Westerly Tax Assessor, 139 A.3d 530 (R.I. 2016). · cites it 4× “They further argue that the tax assessor erroneously increased the value of their property in 2009 while decreasing the value of neighboring properties, and that the trial justice was justified in finding that the tax assessor acted arbitrarily.”

Rosen v. Restrepo, 380 A.2d 960 (R.I. 1977). · cites it 6× “The “full and fair cash value” standard remained unchanged until 1965, when the General Assembly, conscious of what was actually taking place in our municipalities, 1 amended G.L. 1956, §44-5-12, by its enact *401 ment of P.”

Cummings v. Shorey, 761 A.2d 680 (R.I. 2000). · cites it 4× “" Section 44-5-12(a) provides that "[a]ll property subject to taxation shall be assessed at its full and fair cash value, or at a uniform percentage of its value, not to exceed one hundred percent (100%).”

Harvard Pilgrim Health Care of New England, Inc. v. Rossi, 847 A.2d 286 (R.I. 2004). · cites it 3× “Facts and Travel After unsuccessfully appealing assessments to the Providence Board of Tax Assessment Review, Harvard Pilgrim filed four separate actions in Superior Court alleging that the city valued its ratable personal property for tax years 1997, 1998, 1999, and 2000,…”

Wickes Asset Mgmt., Inc. v. Dupuis, 679 A.2d 314 (R.I. 1996). · cites it 3× “In assessing the value of property, the tax assessor has as his or her function to assess all property liable to taxation at its full and fair cash value.”

Merlino v. Tax Assessors for Town of No. Providence, 337 A.2d 796 (R.I. 1975). · cites it 6× “1956 (1970 Reenactment) §44-5-12 and their rights under art. I, §2 of the Rhode Island Constitution and the equal protection clause of the fourteenth amendment to the United States Constitution.”

Inland Am. Retail Mgmt. LLC v. Cinemaworld of Florida, Inc., 68 A.3d 457 (R.I. 2013). · cites it 4× “Inland’s position rests on the assumption that the term “real estate taxes” as used in the lease has the same meaning as applied under § 44-5-12. However, this statutory definition does not automatically render that term to be unambiguous.”

CIC-Newport Assocs. v. Stein, 403 A.2d 658 (R.I. 1979). · cites it 2× “Section 44-5-12 directs that all property be assessed at full and fair cash value or a uniform percentage thereof.”

Nunes v. Marino, 707 A.2d 1239 (R.I. 1998). · cites it 4× “II Land Use Change Tax Under the Rhode Island Farm, Forest, and Open Space Program, classified land receives advantageous tax treatment by permitting valuation for tax purposes at less than full and fair cash value pursuant to § 44-5-12. 3 In order to obtain this special tax…”

Kargman v. Jacobs, 325 A.2d 543 (R.I. 1974). · cites it 2× “1956 (1970 Reenactment) § 44-5-12 authorizes an assessment at a "uniform percentage" thereof.”

Show all 22 citing cases →

— R.I. Gen. Laws § 44-5-12(a) — 6 cases

Laurence F. Whittemore, III v. Westerly Tax Assessor, 139 A.3d 530 (R.I. 2016). “They further argue that the tax assessor erroneously increased the value of their property in 2009 while decreasing the value of neighboring properties, and that the trial justice was justified in finding that the tax assessor acted arbitrarily.”

Cummings v. Shorey, 761 A.2d 680 (R.I. 2000). “" Section 44-5-12(a) provides that "[a]ll property subject to taxation shall be assessed at its full and fair cash value, or at a uniform percentage of its value, not to exceed one hundred percent (100%).”

Gary M. Morse v. Michael R. Minardi, in his capacity as the Town of Barrington Tax Assessor, 208 A.3d 1151 (R.I. 2019). “Subsequently, the parties submitted memoranda addressing the issue of standing and their respective interpretations of §§ 44-5-12 and 44-5-13.11. In their joint memorandum, defendants contended that both the tax appeal action and the declaratory-judgment action should be…”

Harvard Pilgrim Health Care of New England, Inc. v. Gelati, 865 A.2d 1028 (R.I. 2004). “I Facts and Travel The procedural background of this case was well stated in our earlier decision: “After unsuccessfully appealing assessments to the Providence Board of Tax Assessment Review, Harvard Pilgrim filed four separate actions in Superior Court alleging that the city…”

Harvard Pilgrim Health Care of New England, Inc. v. Rossi, 847 A.2d 286 (R.I. 2004). “Facts and Travel After unsuccessfully appealing assessments to the Providence Board of Tax Assessment Review, Harvard Pilgrim filed four separate actions in Superior Court alleging that the city valued its ratable personal property for tax years 1997, 1998, 1999, and 2000,…”

— R.I. Gen. Laws § 44-5-12(a)(5) — 1 case

Polseno Props. Mgmt., LLC v. Brenda Keeble, in her capacity as Tax Assessor for the Town of Lincoln, Nos. 20 (R.I. 2023).

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