Salisbury Hospital, Inc. v. Rowan County

169 S.E. 805, 205 N.C. 8, 1933 N.C. LEXIS 442

• Court: Supreme Court of North Carolina
• Decided: June 28, 1933
• Status: Published

Opinion

CoNNOR, J.

In Latta v. Jenkins, 200 N. C., 255, 156 S. E., 857, it is said: “By virtue of the provisions of section 3 of Article Y of the Constitution of North Carolina, all property, real and personal, in this State, is subject to taxation, in accordance with a uniform rule, under laws which the General Assembly is required by the Constitution to enact, without regard to its ownership, and without regard to the purposes for which specific property is held, unless exempted by or under the provisions of section 5 of said Article. The provisions of said section that property belonging to or owned by the State or municipal corporations, shall be exempt from taxation, is self-executing and requires no legislation to make it effective. Andrews v. Clay County, 200 N. C., 280, 156 S. E., 855. Under this section, the General Assembly may exempt property in this State held for educational, scientific, literary, charitable or religious purposes. The power of exemption thus conferred on the General Assembly by the Constitution, to be exercised in its legislative discretion, may be exercised to the full extent, or in part, or not at all, as the General Assembly may determine. The general rule established by the Constitution is that all property in this State is liable to taxation, and shall be taxed in accordance with a uniform rule. Exemption of specific property, because of its ownership by the State or by municipal corporations, or because of the purposes for which it is held and used, is exceptional. The mandatory constitutional provision .that property belonging to or owned by the State or municipal corporations shall be exempt from taxation is in language so clear and free from ambiguity that ordinarily there is no room for construction as to its application to specific property. Southern Assembly v. Palmer, 166 N. C., 75, 82 S. E., 18. Statutes enacted by the General Assembly exempting specific property from taxation, because of the purposes for which such property is held and used, are and should be construed strictly, when there is room for construction, against exemption and in favor of taxation, Trustees v. Avery County, 184 N. C., 469, 114 S. E., 696; United Brethren v. Commissioners, 115 N. C., 489, 20 S. E., 626. Exemption of specific property from taxation because of the purposes for which it is held and used, is a privilege, which the General Assembly has the power to confer on its owner or owners, within the limitations of the Constitution of the State. In the absence of a clearly expressed intention on the part of the General Assembly to confer this privilege of exemption from taxation, with respect to specific property, such property is subject to taxation in accordance with the general rule that all property in this State is liable to taxation for the purpose of supporting the government of the State, or of its political subdivisions.”

Applying the foregoing principles to the facts shown by all the evidence at the trial of this action, we are of opinion that there was no error in the instruction of the court with respect to the issue submitted to the jury. There was no evidence tending to show that the property, real or personal, owned by the plaintiff, and used by it in the operation of its hospital and in the conduct of its training school for nurses, was exempt from taxation under the provisions of C. S., 7971(17) and C. S., 7971(18). The plaintiff is not a charitable association, nor was its property used by it entirely and completely for charitable purposes. For that reason it was not exempt from taxation by the defendant. The judgment is affirmed.

No error.