Title 10 — TAXATION

10-11-56 Arms-length transactions included in departmental studies. 10-11-56.5

Any sale which has been verified to be an arms - length transaction shall be included in the annual study. For purposes of this section, the term, arms - length transaction, means the transfer of property offered on the open market for a reasonable period of time between a willin…

10-11-57 Repealed. 10-11-58 Computation of median level of assessment in each county. 10-11-59 Computation of coefficient of dispersion for each county. 10-11-60 Publication of findings from assessment to sales ratio studies. 10-11-61

Source: SL 1978, ch 76 , § 4; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2021, ch 43 , § 15.

In order to determine the average level of assessment in each county the secretary of revenue shall compute the median ratio. The median ratio is the middle value in the array of ratios of assessed valuations to sales, from the highest to the lowest for the current year and one y…

In order to determine the degree of assessment uniformity and compliance in the assessment of property within each county, the secretary of revenue shall compute the coefficient of dispersion. The coefficient of dispersion is the percentage which the average of the deviation of t…

The county auditor so entering such omitted property for taxation shall, at the time of entering the same on the tax rolls, deposit in the United States mails, properly addressed to the taxpayer against whom the assessment is made, a notice of said assessment. Source: SL 1919, ch…

The secretary of revenue shall publish annually the findings of the assessment to sales ratio study along with whatever additional information he shall determine necessary to equalize and evaluate assessment of property in South Dakota. Source: SL 1978, ch 76 , § 7; SL 2003, ch 2…

10-11-62

10-11-63 Definition of terms. 10-11-64 Annual valuation of property within municipality. 10-11-65 Appeal from assessment to sales ratio studies. 10-11-66 Consolidated board of equalization authorized--Membership. 10-11-67 Filing complaint with consolidated board. 10-11-68 Consoli…

Terms used in § 10-11-64 mean: (1) "County of jurisdiction," the county in which the majority of people in an overlapping municipality reside as determined by the last federal census; (2) "Overlapping municipality," a municipality having territory in two or more adjoining countie…

The director of equalization in the county of jurisdiction shall annually, in cooperation with the directors of equalization in the other counties of an overlapping municipality, establish the assessed valuation for all property within the municipality for the purpose of levying …

Any person, firm, corporation, public or private, taxing district, or state department interested, may appeal from the assessment to sales ratio studies prepared by the Department of Revenue pursuant to § 10-11-55 to the Office of Hearing Examiners in the manner prescribed in cha…

In lieu of the local board of equalization and county board of equalization established and governed pursuant to §§ 10-11-13 to 10-11-31 , inclusive, the governing boards of any county, municipality, school, and township may agree by resolution to consolidate the local board of e…

Any resident, feeling aggrieved by anything in the assessment roll, may apply, personally or through an attorney or agent, to the consolidated board of equalization for the correction of alleged errors in the listing or valuation of the resident's property. A notice of a complain…

A consolidated board of equalization may hear individual valuation, classification, and assessment questions of owners who have appealed to the consolidated board of equalization, and may make adjustments and corrections in the assessment roll. Source: SL 1996, ch 68 , § 3.

If any real property is omitted by inadvertence or otherwise, the consolidated board of equalization shall place the property upon the assessment roll with the true value of the property and shall correct the assessment so that each tract or lot of real property is entered on the…

The county treasurer shall, upon receipt of the certificate described by § 10-11-5 , enter said assessment and the taxes so extended upon the duplicate tax list for such year or years, and proceed to collect the same in the manner provided by law for the collection of other taxes…

The assessment of the property of any person or agent residing in the taxing district shall not be raised until such person or agent has been duly notified of the time and place and intent of the consolidated board of equalization so to do, and such notice shall be by personal se…

Municipal, school, and township board members may participate and vote only in the equalization of property within the boundaries of each member's respective taxing district. The county commissioners shall be a majority of the members eligible to vote on the property valuation in…

A consolidated board of equalization may: (1) Correct clerical errors of the assessment roll; (2) Hear appeals from individuals regarding aggregate assessments, classification, and equalization; and (3) Equalize between taxing districts and between classes of property. The board …

The consolidated board of equalization shall give written notice of its decision to be postmarked on or before the Friday following its adjournment to each person owning property on which action was taken. Source: SL 1996, ch 68 , § 8.

The consolidated board of equalization shall place upon the books of any taxing district within the county any property that may have been omitted by error or neglect of the director of equalization. The procedure provided for in §§ 10-11-2 to 10-11-8 , inclusive, relating to the…

Nothing contained in § 10-11-74 authorizes any consolidated board of equalization to raise or lower the assessment on any piece or parcel of real property, with or without the improvements above or below that of an adjoining piece or parcel of real property of equal value, by whi…

Any person feeling aggrieved by the decision of the consolidated board of equalization may appeal that decision in the same manner as prescribed in § 10-11-42 for the county board of equalization. Source: SL 1996, ch 68 , § 10A.

Application of §§ 10-11-13 to

On motion, the Supreme Court may award reasonable attorneys' fees in an action brought to the Supreme Court pursuant to this chapter against any appellant relative to the assessment of property, if the appellant does not prevail in its appeal of the property assessment. The motio…

Nothing in §§ 10-11-2 to 10-11-7 , inclusive, shall in any manner deprive the Department of Revenue or its proper official of the right to require county auditors to place upon the assessment rolls omitted property which may have escaped assessment and taxation in the current or …

If on any assessment roll or tax list there be any error in the name of the person assessed or taxed, the name may be changed and the tax collected from the person intended, if he be taxable and can be identified by the director of equalization or county treasurer. If there shall…

Source: SL 1907, ch 124 ; SL 1909, ch 193 ; RC 1919, § 6727; SDC 1939, § 57.0411; SL 1957, ch 461 , § 1; SL 1994, ch 73 , § 18.