N.D.C.C. § 57-01-06 — Sales, market, and productivity study - Contents not to be included

Any sales, market, and productivity study which may be made by the tax commissioner may
not include the following:
1. Property owned or used by public utilities.
2. Property classified as personal property.
3. A sale when the grantor and the grantee are of the same family or corporate affiliate, if
known.
4. A sale which resulted as a settlement of an estate.
5. All forced sales, mortgage foreclosures, and tax sales.
6. All sales to or from religious, charitable, or nonprofit organizations.
7. All sales where there is an indicated change of use by the new owner.
8. All transfer of ownership of property for which is given a quitclaim deed.
9. Sales of property not assessable by law.
10. Agricultural lands of less than eighty acres [32.37 hectares].
57-01-06.1. Statement of legislative intent concerning use of sales, market, and
productivity studies.
It is the intent of the legislative assembly that local assessors, county directors of tax
equalization, and city, township, county, and state boards of equalization use the results of
sales, market, and productivity studies as a guide in making assessments and in equalizing
assessments of property in this state. The legislative assembly recognizes that sales of property
alone provide insufficient information to make accurate judgments concerning the market value
of property within the various counties of this state, particularly in view of the limited number of
sales which occur within a given period of time in many counties, and that, in order to get an
accurate picture of market value, consideration must be given to such factors as property
appraisals, productivity, and current usage of property.
57-01-07. Review of sales, market, and productivity study by state tax commissioner -
Appeal.
1. The state tax commissioner shall notify each county board of commissioners of a
scheduled hearing of the sales, market, and productivity study before the state tax
commissioner. Such notice must set forth the time and date and place of such hearing.
After hearing objections to using certain sales in the study, the state tax commissioner
is authorized to withdraw such sales that the state tax commissioner deems are not
representative. Within thirty days after the close of such formal hearing, the state tax
commissioner shall notify each county board of commissioners, in writing, as to the
action taken as a result of such hearing. Within ten days after receiving such notice
from the state tax commissioner, each board of county commissioners may appeal the
decision of the state tax commissioner to the state board of equalization. Such board
will review the findings of the state tax commissioner and render its final decision on
such appeal.
2. No sale may be used in any sales, market, and productivity study until it has been
verified by the state tax commissioner, the county supervisor of assessments,
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township supervisors, or the board of county commissioners or its agent that none of
the exclusions set forth in section 57-01-06 have been used in the study.
57-01-08. County equalization fund payments - Sales assessment ratio - When
effective.
Omitted.