As Amended
SEC. 27-35-325. State tax commission empowered to assess certain property escaping taxation.
The state tax commission is hereby authorized and empowered and it shall be its duty to assess any property required to be assessed by the state tax commission as state assessors of railroads, which it discovers escaping taxation in former years by reason of not being assessed; and to assess or cause to be assessed and taxed, any such property which it discovers escaping taxation by reason of not being assessed in or for the benefit of any road district, school district, or other taxing district or municipality, although the property may have been assessed and taxed for state and general county taxes; provided, however, that the right to so assess property shall expire at the end of seven years from the date when the right so to do first accrued. When any property is discovered escaping assessment and taxation which, under the law, is required to be assessed by the state tax commission as state assessors of railroads, the state tax commission shall assess the same for such purpose and for the years it has escaped taxation, and shall give notice by United States mail, or otherwise, by the secretary of said commission to the owner of the property, or agent, of such owner, showing what property has escaped assessment and for what years, and all other proper information, and the owner shall have thirty days in which to file objections. The state tax commission shall deal with the assessment in all respects with the same powers as if made at the time regular assessment of such property is made, and shall have power to require such information as it may desire for the correct determination of all questions before it. When all objections have been heard and determined, the state tax commission shall by order approve or disapprove, or may modify the assessment, and make it final and, if approved or modified, shall certify the same to the clerk of the board of supervisors of the county or counties where the property is located, and such assessment shall be dealt with by the clerk and tax collector as is required in cases of assessments when made at the regular time. In all cases where suit is necessary, it shall be the duty of the attorney general to represent the state tax commission whenever requested to do so.
SOURCES: Codes, Hemingway's 1917, Sec. 7033; 1930, Sec. 3226; 1942, Sec. 9852; Laws, 1916, ch. 130; 1928, ch. 214; 1942, ch. 135; 1958, ch. 569.