In re Appeal of Davis

440 S.E.2d 307, 113 N.C. App. 743, 1994 N.C. App. LEXIS 214
CourtCourt of Appeals of North Carolina
DecidedMarch 1, 1994
DocketNo. 9310PTC146
StatusPublished
Cited by1 cases

This text of 440 S.E.2d 307 (In re Appeal of Davis) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Appeal of Davis, 440 S.E.2d 307, 113 N.C. App. 743, 1994 N.C. App. LEXIS 214 (N.C. Ct. App. 1994).

Opinion

ORR, Judge.

In 1990, Taxpayer acquired property from the United States Forest Service (the “USFS”) in exchange for other property Taxpayer owned individually. Prior to the exchange, the property Taxpayer conveyed to the USFS had been classified and carried as “individually owned forestland” under N.C. Gen. Stat. §§ 105-277.2, -277.3 for ten or more years. Further, thé property Taxpayer received from the USFS was sixty-two acres of land which had been held and used by the USFS for commercial growing of trees under the government’s forest management program and was exempt from assessment and taxation by law.

I.

The sole question before this Court is whether the Property Tax Commission erred in finding the property Taxpayer received from the USFS was eligible for “present use” tax valuation pursuant to N.C. Gen. Stat. § 105-277.3(c). For the reasons stated below, we find no error.

“Property coming within one of the classes defined in G.S. 105-277.3 shall be eligible for taxation on the basis of the value of the property in its present use ....” N.C. Gen. Stat. § 105-277.4(a) (1992). N.C. Gen. Stat. § 105-277.3 states:

(a) The following classes of property are hereby designated special classes of property ....
(3) Individually owned forestland consisting of one or more tracts, one of which consists of at least 20 acres that are in actual production and are not included in a farm unit.

Under this statute, “[individually owned” means owned by a natural person or a corporation as defined under N.C. Gen. Stat. § 105-277.2(4), and “ ‘[fjorestland’ means land that is a part of a forest unit that is actively engaged in the commercial growing of trees under a sound management program.” N.C. Gen. Stat. § 105-277.2(2), (4).

[746]*746If the forestland is owned by natural persons, the classification of such forestland for “present use” valuation is further limited by N.C. Gen. Stat. § 105-277.3(b) which states:

In order to come within a classification described in subdivision (a) . . . (3), above, the property must, if owned by natural persons, also:
(1) Be the owner’s place of residence; or
(2) Have been owned by the current owner or a relative of the current owner for the four years preceding January 1 of the year for which the benefit of this section is claimed.

Thus, absent another statutory provision, in order to qualify for “present use” valuation under N.C. Gen. Stat. § 105-277.3(a)(3), property owned by a natural person must be forestland consisting of one or more tracts, one of which consists of at least twenty acres that are in actual production and are not included in a farm unit. Further, the forestland owned by a natural person must either be the owner’s residence or have been owned by the current owner, or a relative of the owner, for four years preceding January 1 of the year the benefit is claimed.

In the present case, it is undisputed that the property that Taxpayer received from the USFS falls under the category of “forestland” and that Taxpayer is an “individual” as defined by N.C. Gen. Stat. § 105-277.2(4) in that he is a “natural person”. It is also undisputed that the property consists of a sixty-two acre tract of land used for commercial growing of trees under a forest management program. The forestland in question is not, however, Taxpayer’s residence, and neither Taxpayer nor a relative of Taxpayer has owned the property for four years. Thus, absent another provision, the requirements of N.C. Gen. Stat. § 105-277.3(b) prevent Taxpayer’s property from qualifying for present use valuation under N.C. Gen. Stat. § 105-277.3(a)(3).

N.C. Gen. Stat. § 105-277.3(c) provides an additional way, however, for taxpayers to qualify for present use valuation under N.C. Gen. Stat. § 105-277.3(a). N.C. Gen. Stat. § 105-277.3(c) states:

In addition, property may come within one of the classifications described in subsection (a) above, if (i) it was appraised at its present use value or was eligible for appraisal at its present use value pursuant to that subsection at the time title to the [747]*747property passed to the present owner, and (ii) at the time title to the property passed to the present owner he owned other property classified under subsection (a).

(Emphasis added.) Thus, in order to qualify for present use valuation under N.C. Gen. Stat. § 105-277.3(c), Taxpayer must meet a two-part test: at the time title to the property passed to Taxpayer, (1) the property must have been appraised at its present use value or have been eligible for appraisal at its present use value under N.C. Gen. Stat. § 105-277.3(a), and (2) Taxpayer must have owned other property classified under N.C. Gen. Stat. § 105-277.3(a).

In the present case, the appellants concede that Taxpayer has satisfied the second prong of the test by owning other property classified under N.C. Gen. Stat. § 105-277.3(a) at the time title to the property passed to him. Appellants contend, however, that Taxpayer has failed to meet the first prong of the test. It is undisputed that the property in question was not appraised at its present use valuation at the time title passed to Taxpayer. The sole issue before us is, therefore, whether the property was eligible for present use valuation at the time title passed to Taxpayer.

Appellants argue that in order to determine this issue, we must view the property in the hands of the grantor, not the grantee. Based on this argument, appellants contend that the property was not eligible for present use valuation under N.C. Gen. Stat. § 105-277.3(a) at the time title passed to Taxpayer because the United States Forest Service owned the property and this governmental agency does not qualify as an “individual” as defined by N.C. Gen. Stat. § 105-277.2(4) and as required to qualify for present use valuation under N.C. Gen. Stat. § 105-277.3(a). We disagree.

On the issue of statutory construction, our Supreme Court recently stated in Fowler v. Valencourt, 435 S.E.2d 530, 532 (1993):

In construing a statute, the Court must first ascertain the legislative intent to assure that the purpose and intent of the legislation are carried out. ... To make this determination, we look first to the language of the statute itself. ... If the language used is clear and unambiguous, the Court does not engage in judicial construction but must apply the statute to give effect to the plain and definite meaning of the language.

(Citations omitted.)

[748]*748The statutory language at issue in the case sub judice is that the property must have been “eligible for appraisal at its present use value pursuant to [G.S. § 105-277.3(a)] at the time title to the property passed to the present owner . . . .” (Emphasis added.) The word “passed” is the past tense form of the verb “pass”, which The American Heritage Dictionary defines, “[t]o be transferred or conveyed to another by will, deed, or the like . . . .” As the past tense of “pass”, the plain and definite meaning of the word “passed” would be transferred or conveyed.

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Related

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Bluebook (online)
440 S.E.2d 307, 113 N.C. App. 743, 1994 N.C. App. LEXIS 214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-appeal-of-davis-ncctapp-1994.