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The Land Use Tracker |
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Wisconsin Supreme Court Ruling: Agricultural Use Value Assessment Mallo and Mallo v. Wisconsin Department of Revenue The Wisconsin Supreme Court on June 25, 2002 decided that the agricultural use value assessment statute was unambiguous and gives the DOR authority to promulgate this rule. They concluded that the rule was consistent with the plain language of � 70.32. They affirmed the decision of the circuit court granting summary judgment in favor of the DOR and dismissed the action. The issue they addressed was whether the Department of Revenue (DOR) exceeded its authority under Wis. Stat. � 70.32(2r), when it promulgated Wis. Admin. Code � TAX 18.08 (current through Wis. Admin. Register No. 535, July 2000), providing for the valuation of agricultural land for taxation purposes based on its use-value, effective January 1, 2000. Prior to January 1, 1996, agricultural land was assessed the same as all real property, at its fair market value based on its highest and best use. In 1995, the legislature enacted Wis. Stat. � 70.32(2r), to change the manner of value assessment of agricultural land for taxation purposes from market-value assessment to use-value assessment. Under use-value assessment, agricultural land is valued "according to the income that could be generated from its rental for agricultural use." Wis. Stat. � 70.32(2r)(c). Source: Wisconsin Supreme Court. www.courts.state.wi.us/html/sc/00/00-3252.htm
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