Montgomery v. Spartanburg County Assessor

795 S.E.2d 866, 419 S.C. 77, 2016 S.C. App. LEXIS 146
CourtCourt of Appeals of South Carolina
DecidedNovember 16, 2016
DocketAppellate Case No. 2013-002697; Opinion No. 5455
StatusPublished
Cited by2 cases

This text of 795 S.E.2d 866 (Montgomery v. Spartanburg County Assessor) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Montgomery v. Spartanburg County Assessor, 795 S.E.2d 866, 419 S.C. 77, 2016 S.C. App. LEXIS 146 (S.C. Ct. App. 2016).

Opinion

LOCKEMY, C.J.:

In this action from the Administrative Law Court (ALC), the Spartanburg County Assessor (Assessor) appeals the ALC’s order granting William J. Montgomery’s motion for summary judgment. Assessor argues the ALC erred in its definition of “fair market value for agricultural purposes” in section 12-43-220(d) of the South Carolina Code (2014). We reverse.

I. FACTS/PROCEDURAL HISTORY

Montgomery owns a tree farm located in Pauline, South Carolina. The property includes three buildings—two storage buildings for farm equipment and one mobile home that is used as an office for the farming operation. The parties agree the structures are related to the agricultural use of the [80]*80property and are neither residences nor used for any other for-profit business.

For the 2011 tax year, the Assessor valued Montgomery’s property for taxation purposes at $40,641. The Assessor reached its valuation by valuing the land at $12,211 using the soil capability valuation method, valuing the structures on the land at $28,480 using the fair market value of the improvements, and adding the two figures together.

Montgomery appealed the Assessor’s valuation to the ALC. Montgomery argued the entire tract, including the buildings, must be assessed as agricultural real property and the value of the buildings is subsumed in the statutory calculation of the agricultural real property value. The Assessor conceded the structures were agricultural real property and should be assessed using the 4% ratio; however, the Assessor argued section 12-43-220(d)(2)(A) only provides the process for valuing the land used for agricultural purposes, not the structures.

The ALC granted summary judgment in favor of Montgomery. The ALC found Montgomery’s entire farm “must be classified and assessed as agricultural real property and the Assessor may not carve out and separately assess a small portion of the tract (such as the structures attached thereto) .... ” Accordingly, the ALC found the Assessor improperly assessed Montgomery’s property and ordered the property be “assessed and taxed based on its agricultural use value alone without adding a separate value for the improvements on the [pjroperty.” This appeal followed.

II. STANDARD OF REVIEW

“Tax appeals to the ALC are subject to the Administrative Procedures Act (APA).” CFRE, LLC v. Greenville Cty. Assessor, 395 S.C. 67, 73, 716 S.E.2d 877, 880 (2011). “Accordingly, we review the decision of the ALC for errors of law.” Id. at 74, 716 S.E.2d at 881. “Questions of statutory interpretation are questions of law, which we are free to decide without any deference to the [ALC].” Id.

III. STATUTORY INTERPRETATION

The Assessor asserts the ALC erred by finding the value of structures located on agricultural real property is already [81]*81included in, and subsumed by, the tract’s fair market value for agricultural purposes. We agree.

“The cardinal rule of statutory interpretation is to ascertain and effectuate the intent of the legislature.” Centex Int’l v. S.C. Dep’t of Revenue, 406 S.C. 132, 139, 750 S.E.2d 65, 69 (2013) (quoting Sloan v. Hardee, 371 S.C. 495, 498, 640 S.E.2d 457, 459 (2007)). “When a statute’s terms are clear and unambiguous on their face, there is no room for statutory construction and a court must apply the statute according to its literal meaning.” Id. (quoting Sloan, 371 S.C. at 498, 640 S.E.2d at 459). “In interpreting a statute, ‘[w]ords must be given their plain and ordinary meaning without resort to subtle or forced construction to limit or expand the statute’s operation.’ ” Id. (alteration in original) (quoting Sloan, 371 S.C. at 499, 640 S.E.2d at 459). “Further, ‘the statute must be read as a whole and sections which are a part of the same general statutory law must be construed together and each one given effect.’” Id. (quoting S.C. State Ports Auth. v. Jasper Cty., 368 S.C. 388, 398, 629 S.E.2d 624, 629 (2006)). This court “must read the statute so ‘that no word, clause, sentence, provision or part shall be rendered surplusage, or superfluous.’ ” CFRE, LLC, 395 S.C. at 74, 716 S.E.2d at 881 (quoting State v. Sweat, 379 S.C. 367, 377, 665 S.E.2d 645, 651 (Ct. App. 2008)).

For the purposes of property taxes, real property “shall mean not only land, city, town and village lots but also all structures and other things therein contained or annexed or attached thereto which pass to the vendee by the conveyance of the land or lot.” S.C- Code Ann. § 12-37-10 (2014). Generally, “[a]ll property must be valued for taxation at its true value in money which in all cases is the price which the property would bring following reasonable exposure to the market, where both the seller and the buyer are willing....” S.C. Code Ann. § 12-37-930 (2014). “Agricultural real property which is actually used for such agricultural purposes shall be taxed on an assessment equal to ... [flour percent of its fair market value for such agricultural purposes.... ” S.C. Code Ann. § 12-43-220(d)(l)(A) (2014); see also S.C. Const, art. X, § 1. “ ‘Fair market value for agricultural purposes’, when applicable to land used for the growth of timber, is defined as the productive earning power based on soil capability....” [82]*82S.C. Code Ann. § 12-43-220(d)(2)(A) (2014). “Soil capability when applicable to lands used for the growth of timber products means the capability of the soil to produce such timber products of the region considering any natural deterrents to the potential capability of the soil as of the current assessment date.” Id.

“The construction of a statute by an agency charged with its administration will be accorded most respectful consideration and will not be overturned absent compelling reasons.” Jasper Cty. Tax Assessor v. Westvaco Corp., 305 S.C. 346, 348, 409 S.E.2d 333, 334 (1991); see also Gilstrap v. S.C. Budget & Control Bd., 310 S.C. 210, 215, 423 S.E.2d 101, 104 (1992) (“Where an administrative agency has consistently applied a statute in a particular manner, its construction should not be overturned absent cogent reasons.”). “If possible, the [c]ourt will construe a statute so as to escape [an] absurdity and carry the [General Assembly’s] intention into effect.” Duke Energy Corp. v. S.C. Dep’t of Revenue, 415 S.C. 351, 355, 782 S.E.2d 590, 592 (2016).

The ALC considered similar issues in two unappealed cases decided prior to this dispute.1 See Smith v. Clarendon Cty. Assessor, 2011 WL 7119293 (S.C. Admin. Law Ct. Sept. 15, 2011); Rabbit Point Farm Ltd. v. Charleston Cty. Assessor,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State Farm v. Myra M. Windham
Supreme Court of South Carolina, 2022

Cite This Page — Counsel Stack

Bluebook (online)
795 S.E.2d 866, 419 S.C. 77, 2016 S.C. App. LEXIS 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montgomery-v-spartanburg-county-assessor-scctapp-2016.