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2020 Op. S.C. Att'y Gen. 1 (2020)

handle is hein.sag/sagsc0162 and id is 1 raw text is: 










ALAN  WILSON
ATTORNEY GENERAL

                                            January 10, 2020

      The Honorable  Bart T. Blackwell
      Member
      South Carolina House  of Representatives
      District No. 81
      Post Office Box 6658
      Aiken, SC  29804


      Dear Representative Blackwell:

             Attorney General  Alan Wilson  has referred your letter to the Opinions section. Your
      letter references a prior opinion this Office issue on March 04, 2019 (attached for reference)
      regarding golf course valuation under S.C. Code  §  12-43-365. The  questions raised by your
      constituent appear to seek clarification to the issues addressed therein. Your constituent asks the
      following:

             1.  If an assessor determines  the fair market value  of golf course  property
                 utilizing an appraisal method other than the capitalized income approach, is
                 S.C. Code § 12-43-365 applicable to other methods?

             2.  Upon  determination of fair market value by an assessor, does S.C. Code 12-
                 43-365  require an assessor to exclude  income  or  expense  derived from
                 personal property when calculating the proper assessed ad valorem tax value?

             3.  If an assessor fails to exclude income and expenses derived from  personal
                property in calculation affair market value and does not adjust ad valorem tax
                value accordingly, does this constitute a violation of S.C. Law?


                                             Law/Analysis

             The responses to the questions presented in the request letter are answered in the order
    - presented below.


REMBERT C. DENNIS BUILDING  o PosT OFFICE Box 11549 + COLUMBIA, SC 29211-1549 a TELEPHONE 803-734-3970 . FACSIMILE 803-253-6283