Untitled Texas Attorney General Opinion

OFFICEOFTHEATTORNEY aENERALOFTEXAS AUSTIN Honombla Paul T. Halt, Page & approxiiuately$40 per acre, by the awnera who aotually aade their rendition, but from tlm to the, land has baconisless raluabls~on these surveys and hare all been rsduoed to from #lo to $30 per aore, and eo aooeptrd by the County Board OS Xquallaatlon. Now, the owners an4 hold- ers of these said z59O.S9aorao want to olaar the taxes on the extra S4.89 awes. 0an the couuty Commissioners court order the Tax Oolleotor to oolleot on a smiler talus for eaah year whioh, in their judgment, they would think to he tair and just both to ths gtato and County and to the Taxpayerf . . . In the evant that the aourt aan not graat i?ria;onablo raw, WhlOb in their jullg- sent, they bellera to be fair te all oonOernb&, then la event that the aatate haa more owners than one, as t& oaso nrightbe, like this 0116, would tlm Tax Collector be pwmltted to oolleot in equal proportfon to eaoh heir or owner of the part or Interest whfoh ha right own in the origlxml grant an&~1st the other6 pay theira at a later time+? “The iaot that thin land we6 randem a8 miknowu Owner* for the80 years and not rendered by ths owmr, xould that give the Arsaa6or and Colleotor or Comulsslonera Court any right to re- duoe the value, li they found tho value was too high for aatd year$? tmti& the Court taks under oonsi6eratlon the faot that Sor revere1 years the Vnknom roll* waa hlghar thau the arlginal assees- msnt, would they have the r ht to Qireet the Tax Assessor an& Collsctor tb Qo ? loot on the Ilam a ver a g peer loxu cm t&o *uuknowu Roll’ aa was ao- oepted by the Board of mpaliastlon on the rsgular aesssso,droll, if the land was the 6a5e Quality?* We bava made a furtbsr investigation oi the igOt in this OBSO, 4iIdWe find th4t th0 OWUBE Of this land zWI- dered it each year lo quastlon by giving only the “abetreat number”, the nane ot the %rigloal grantee", the waOrss 75: Eonorablc Faul T. Holt, Page 3 rendered* and the "value* of the land. The *abstraot nun- berv was nutuber84, and that number applies to the entire Santiago Del Valle Survey of 44,eBO aore8. During the first iew year8 or the period involved th18 owner rendered the tract as 545 aores, but during the later year8 of this period rhc rendered It as S31 sorer, the d~oreaee being due to the raot that about 14 aorc8 had been sold to other ptirtlea. We al80 68ocrtaIneC that the Tax Asrca8or-Col- lector of TravIa County kept an abstraat book In aocordanoe with Articles 7195 and 7190 Of the Revised CIvIl Statutea, and that it contained a reoord or the Santiago Del valle survey and ahowed that It oontalned tan laague8, that 18, 44,f230 aores. We found that eeoh year he oaloulated the to- tal number of aorta rendered by rarlous owners In this 8ur- vey, and rubtreated this total from the number of aOre In the survey, to-wit, 44,SSO acres, and thereby dctewlned the number of aorae of the survey that was not oa the tax roll8 In the name or the known ownexc. ThIc nu&ber of aorta was plaoed on the roll as one Itcn of unrendered and uukuown property, the owner being designated a8 %nknown owner-, the property not being desorIbed or desiguated ln any maaner ex- oept that it was In the Santiago Del valle Survey. The Tat Asseseor-Collaotor advI8cs u8 that thI8 exoc88 oonsI8ted or approzinately ROOO aorta, and that the 54.59 nor88 In que8- tion Is a part or this unrcndercd 6x0~88. ~,~ At the outset we are oonironteil with the question or whether or not the owner aan be oon8idcred as rendering -the whole tract of 399.99 nom8 or only a fradtlon or 8aId tract, to-wit, S4!5/399.S0of said tract. . We bcllere that only a fraction of said traot was rendered. Itodescription we8 given whereby the apcoltlc traot oould be oonsidered as haring been rendered. The ouly thing rendered Was 345 aores, and that particular 345 acre8 is not iaentiried. The taxpayer In the 0880 oannot OoxplaIn of a raultg or lnsufrieient deeoriptlon beoause she furniehed it and oannot be xlsled by It. Dorman v. gtate, (Tax. Clv. App.) 85 s. Y?. (Ed) m52; Cooper Survey Company v. CItq or Waoo, (Tex. Clv. App.) 71 S, 'A.619; and McRIokle v. RoOhelle, (Tex. Civ. App.) ll?@ 9. W. 94. We believe that Article 710g of the Revised Civil Statutes was Intended to apply in a oaac of this kind. That article reads as r0llow8: Zoner-ble Paul '1.fiolt,Page 4 *.Xactassaseor, when he shall hare nmde the asses&xent oi his couuty for eaah yeeer,shall, on the first day of June of each year, or as soon theretatteras practicable, oarry rroa each person*8 aaseesk.entthe nuubar of aore and its value on each survey of lands, lots or blocks to that par- ticular survey, tot or blook touud on the ab8trclOt books provided in hrticler,7196, 7197, and 7806 and all the parts or each surrey or block place d on said abstraot books shall be a oredlt to the assessor on that pareloular survey. Said asaeasor shall deduct the total nlllaber of aams rendered oh eaoh survey or blook from the total number of acres OS the whole eurve~ or block as 1s showu by eaid abstrmt; and, if any part is left uhrendered, then he shall asseas the la&e to the owner or OWWTB thereof, It known, aad, if unknown, then to *unknown owner8,* and the value thereor shall. be afilsed by him, sanotioued by the board of e~uaLi- zatioa; provided, that the mater or ovmers of any survey and grant of laud may shou that the survey and grant ti whlah they are interested does not coctaia the full oomplement OS aOre shoring how mny acres are in raat mbraoed wit& the oalls of the partloular sway and grant.- We have not found any mperted crassoonstru%ng tbie statute with referenoe to the question at hand. & try- ing to arrive et its meaning we uhauld bear in mlub t&t Ar- tlols 7mb takea @are or the ordinary 8ituatlon where the ownershIp et a pieor of land is iurknopm. Direotion there is for th6 e#mbsaQr to list the ownerehlp of the property a8 %n- kww5* in asseaoing It tar taxe8. When it Is borne in ilnd that Artisle 7108 was not tnteaded a8 a repetition of Article 7206, but was meant to cover a different situation, lta mean- ing becomes olsar. The abstraot book in the oifioe ol'ths asseiuborshowing a survey to oontaln a giron number oi amets, the burden is upon B&B to se8 that suah survey Is filled lu with rendition# corarih,:that number ot Bores In the survey. It suoh reudttiQIt8do not oover the ul.Lnumber of aOrQs thw shown in the abstraot book to be Ins the awep, there rasiains a balanoe to be assewed by the aweasor. And, awnerrro? piews of a swey would be bouud to take notlee OS all thl8. The iaot that the renditions do not lnoludo a oufiloleEt num- ber of aerea to iill.out the surrey aoaordfng to tbnr abetraot book would put any such owner on notioe that he may have all Honorable f*sulT. Holt, Page 5 or a part of the excess, and that if he does have it 16 eubjeot to the additional asseaement whloh the awewor Is required to make. The above Article 7198 negatives the idea that the recdltloa of the tract In question, glrlug the quantity as 345 cores, must be taken to cover the whole interest in tha tract, whloh It Ls now ahom oontalns 599.59 acrea. We uow pass to the queatlon as to whether the assessmnt of the balanoe of the survey eaoh year to the %ukuown owner" wes valid, or whether the undivided 54.39 acrea in question atands in the poaitlon of never hating been essesred. We olted ease8 above holding that when the tax- payer furnishes the description In the mmdltlon and aasea8- that he oanuot oomplain on the ground that the demerlp- llient tlon la faulty or lnauftlolent; but a8 far a6 thir ex0e88 of 54.39 aarea In thl8 traot is ooneered we believe that the rule stated in the oass of Boase f. Stone, (Tex. Sup. Ct.) 64 %x. 677, epplles. Sn that aase the land in quee- tlon had been ameased by the State against au Wakuown owner," and the oourt held the assersnumt InvalId beoauw the list end aaoesament raiLed to identify the land in ques- tioc, and the oourt said: "'. . . 7ha lot6 of land mast be deflnlte- ly and dlatlnotly deoeribed, and par01 proof can- not supply tba detiofenoy In tha descriptloltor bouudariee. These muat be aaoertalned froa,what la written. The question la not ohe of Intention, but one of feat--what did the assessors do? WhIoh ia the spetiia lot on which the tax is laid? Theee queat1on.amust be anarered from;the reaord.** The aswssment in thla a,a8ewould be egalust 54.N aore& 15 said traot of 399.89. Said 54.39 acres aaunot be ldentliled except es being an umlirlded part of aald S99.39 acre tract; but we belleve that Artlele 7198 authorizes auoh au asseesaent 3x1a ease like t&Is. The prmedure for such reawemment would be uhder krtlcles 7348 and 7547 of the Revised ~1~11 Statutee. Artlole 7946 reads aa iollowm: 554. Honorable Paul.T. Halt, Pa@ 6 "Whenever any CodSSiXWrs cant shall discover through nctice Iron;the tax colleator or otherwise that any real property has been omitted frm the tax rolls for any year or years since lEFX, or shall find that acg previous asaesamente on any reel property for the years mentioned are invalid, or have been declared Invalid for any reason by any district oourt In a suit to enforce the aolleatlon or taxes on said properties, they may, at any meeting or the Court, order a list or such propertier to be made In triplioate and fix a compansatlon therefor; the said list to show a o+mplete description or such properties and for what years auoh properties were omitted tram the tax rolls, or for what years the aseesmieota are round to be invalid and ehould be oancellsd and re-aaseeaed, or to have been declared Invalid and thereby camellea by any district court in a rult to snroroe the oolleotIon or taxes. Ro reasseaannt of any property ehall be held against any Innooent purahaaar of the aam if the tax records of any ooumty fall to ahow any assessment (for any year 80 re-assessed) by which said, property oan be ldentlrled and that the taxes ara mpald. The above exoeption, with the same limitation, 8hall 818s apply as to all past +~~;t;rWd18trlot uourta aanoeling,Invalid . Artlole 9549 reads. in part as r0u0wr: *When said list ha% been so rpedeup the eom- mlfclalonere court may, . . . refer 8uch lfat or properties to be assessed or rsaraseesed to the tax as8e68or who 8hall prOO%sd at Onoe to nrake an aaaessment of all mid pZOpartI%s, . . . and when aompleted shall submit the 8-e to the oomaiasloners court, who shall pass upon the valuatIona tired by hImi 6nd, when approved 861to the value8, 8hall cause the taxes to be computed and extended at the tax rate in eflett for each separate year men- tioned In said list; and, In addition thereto, shall cause to be added a penalty equal la amount to what would be six per oent interest to the date rald~llat rrom the d&te such groperties or ffieiklng would have been delinquent had same been properly redered by the owner thereof at the time and for the years stated in said list; . . .* 7s Rouorable Paul T. Bolt, Pase 7 In view or the roregoing discussion, we believe that it Ie urmeoeeeary to answer the other questiona in your Inquiry. Our anetwr can be sufmasrlzedas followsI 0&p 345 acres of’the land in question was rendered by the owner. Under Artiole 91Qi3the Aaeersor-aollector has authority to assetxzi in the rmrieof an *uakaowa ownera any exoees In a survey; and upon dleocvsry that this particular landowner owned part ot this excess such excess owned by her oan be assessed against her under the prooedure presorlbetlIn Ar- t101os 9346 and 9349. Suoh aasessaent ehimld be or an on- divi6eQ 54.39 acre6 In said 399.39 aore tract. Youra very truly FIRS? ASSISTANT ATTORNEY GENERAL CCR:%w