Mississippi Constitution

Article 4, § 112 — Equal taxation; property tax assessments

Mississippi Const. art. 4, § 112

This text of Mississippi Const. art. 4, § 112 (Equal taxation; property tax assessments) is published on Counsel Stack Legal Research, covering Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

JurisdictionMississippiDocumentConstitution
Article4
Section§ 112
CitationMississippi Const. art. 4, § 112
Bluebook
Miss. Const. art. 4, § 112.

Full Text

Taxation shall be uniform and equal throughout the State. All property not exempt from ad valorem taxation shall be taxed at its assessed value. Property shall be assessed for taxes under general laws, and by uniform rules, and in proportion to its true value according to the classes defined herein. The Legislature may, by general laws, exempt particular species of property from taxation, in whole or in part. The Legislature shall provide, by general laws, the method by which the true value of taxable property shall be ascertained; provided, however, in arriving at the true value of Class I and Class II property, the appraisal shall be made according to current use, regardless of location. The Legislature may provide for a special mode of valuation and assessment for railroads, and railroad and other corporate property, or for particular species of property belonging to persons, corporations or associations not situated wholly in one (1) county. All such property shall be assessed in proportion to its value according to its class, and no county, or other taxing authority, shall be denied the right to levy county and/or special taxes upon such assessment as in other cases of property situated and assessed in the county, except that the Legislature, by general law, may deny or limit a county or other taxing authority the right to levy county and/or special taxes on nuclear-powered electrical generating plants. In addition to or in lieu of any such county and/or special taxes on nuclear-powered electrical generating plants, the Legislature, by general law enacted by a majority vote of the members of each house present and voting, may provide for a special mode of valuation, assessment and levy upon nuclear-powered electrical generating plants and provide for the distribution of the revenue derived therefrom. The Legislature may provide a special mode of assessment, fixing the taxable year, date of the tax lien, and method and date of assessing and collecting taxes on all motor vehicles. The assessed value of property shall be a percentage of its true value, which shall be known as its assessment ratio. The assessment ratio on each class of property as defined herein shall be uniform throughout the state upon the same class of property, provided that the assessment ratio of any one (1) class of property shall not be more than three (3) times the assessment ratio on any other class of property. For purposes of assessment for ad valorem taxes, taxable property shall be divided into five (5) classes and shall be assessed at a percentage of its true value as follows: Class I. Single-family, owner-occupied, residential real property, at ten percent (10%) of true value. Class II. All other real property, except for real property included in Class I or IV, at fifteen percent (15%) of true value. Class III. Personal property, except for motor vehicles and for personal property included in Class IV, at fifteen percent (15%) of true value. Class IV. Public utility property, which is property owned or used by public service corporations required by general laws to be appraised and assessed by the state or the county, excluding railroad and airline property and motor vehicles, at thirty percent (30%) of true value. Class V. Motor vehicles, at thirty percent (30%) of true value. The Legislature may, by general law, establish acreage limitations on Class I property.

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History

SOURCES: 1869 art XII § 20; Laws, 1956, ch. 438; Laws, 1958, ch. 610; Laws, 1960, ch. 513; Laws, 1982, ch. 622; Laws, 1986, ch. 522, eff June 19, 1986. NOTE: The 1960 amendment to Section 112 of the Constitution proposed by Laws, 1960, ch. 513, was ratified by the electorate on Nov. 8, 1960, and was inserted by Proclamation of the Secretary of State on Nov. 23, 1960, by virtue of the authority vested in him by Section 273 of the Constitution, as amended. The 1986 amendment to Section 112 of the Constitution was proposed by House Concurrent Resolution No. 41 (Laws, 1986, ch. 522) and was submitted to the electorate on June 3, 1986 and ratified. On June 16, 1986, the United States District Court for the Southern District of Mississippi enjoined the State of Mississippi from approving, implementing or administering the constitutional amendment until such time that the conduct of the election had been approved by the Attorney General of the United States. By proclamation of the Secretary of State on June 19, 1986, the amendment to Section 112 of the Constitution of 1890, was inserted in the Constitution. On July 7, 1986, the Attorney General of the United States approved the conduct of the election for ratification of House Concurrent Resolution No. 41 (Laws, 1986, ch. 522) amending Section 112 of the Mississippi Constitution. On July 10, 1986, the United States District Court for the Southern District of Mississippi, Jackson, Mississippi (Eddie Burrell, et al. v. William A. Allain, Governor of Mississippi, et al, Civil Action No. J86-0373(L)) lifted and dissolved the injunction issued on June 16, 1986 without prejudice to any right to relief the plaintiffs might establish upon further proceedings. The source line for this section has been set out above to correct an error appearing in the main volume.

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Bluebook (online)
Mississippi Const. art. 4, § 112, Counsel Stack Legal Research, https://law.counselstack.com/constitution/ms/4/112.