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ACT NO. 1298
ACT NO. 1298 - AN ACT TO AUTHORIZE
PROVINCIAL BOARDS, UNTIL THE COMPLETION OF THE NEXT GENERAL ASSESSMENT,
TO REVISE AND CORRECT, WITH THE APPROVAL OF THE INSULAR TREASURER, THE
ASSESSMENT LISTS OF MUNICIPALITIES WHERE IT IS MADE CLEAR THAT THE
ASSESSMENT OR VALUATION STATED UPON THE ASSESSMENT LISTS IS ERRONEOUS
AND UNJUST, AND TO PROVIDE FOR THE REDEMPTION OF REAL ESTATE WHICH HAS
BEEN FORFEITED TO MUNICIPALITIES FOR NONPAYMENT OF TAXES UNDER THE
PROVISIONS OF EXISTING LAW
Section 1. (a) Provincial
boards are hereby authorized to revise and correct, with the approval
of the Insular Treasurer first had, any and all erroneous assessments
and valuations for the purpose of taxation on the assessment lists of
the municipalities, and to make a correct assessment and state the true
valuation, in money of the United States, in each case where a protest
shall be filed with the provincial board and where it is made clear
that the assessment stated upon the assessment lists is erroneous and
unjust; and the assessment lists when so corrected shall be as lawful
and valid for all purposes as though the assessment had been made by
the board of tax revision at the proper time. Such reassessment and
revaluation shall be made on due notice to the individuals concerned
and to the municipal authorities of the municipality in which the land
to be reassessed or revalued is situate, and the municipal authorities
and all other persons concerned shall be entitled to be heard by said
provincial board before any reassessment or revaluation is made. The
action of the majority of the provincial board in the making of any
reassessment or revaluation shall be deemed to be the action of the
board and binding, and from such action there shall be no appeal. The
Insular Treasurer may also, in his discretion, direct that such
revision be made by the provincial board, as herein provided.
(b) In all cases in which the land has been assessed
for the years nineteen hundred and two, nineteen hundred and three, or
nineteen hundred and four at more than fifty per centum above the
valuation fixed by the provincial board, said board shall reduce such
excessive assessment to the amount of the assessment and true valuation
fixed by the board, and the provincial treasurer and enter the
corresponding reduction upon the proper records of the province and of
the municipality in which the land affected is situated. In case the
taxes have been paid upon the excessive assessment as described in this
paragraph it shall be the duty of the provincial board and the
provincial treasurer to allow a credit of the excess payment upon any
land taxes due or to become due until such excess payment shall have
been satisfied. In case the tax has not been paid on such excessive
assessment the taxpayer shall be allowed to pay the tax on the reduced
assessment, without penalty, within a period of thirty days from the
date of notice to such taxpayer of the action of the board.
(c) The provisions of paragraph (b) of this section
shall apply to all cases of previous reduction of land-tax assessment
under proper authority of law where such reduction was more than fifty
per centum of the new assessment.
(d) The provisions of this section shall become null
and void upon the completion of the next general assessment of property
for the purpose of taxation.
Sec. 2. All real property which has heretofore
been forfeited and deeded, or which shall during the year nineteen
hundred and five be forfeited and deeded, to municipalities in
accordance with the provisions of sections eighty-one and eighty-two of
Act Numbered Eighty-two, entitled "The Municipal Code," shall be
redeemable by the owners thereof at any time during the calendar year
nineteen hundred and five, upon the payment to the provincial treasurer
or his deputy of the amount of taxes due thereof, together with six per
centum interest from the date on which the taxes became delinquent to
the date of payment, and of all penalties and costs due thereon. In
case the owners shall redeem land forfeited to municipalities as herein
provided, the provincial treasurer or his deputy in the name of such
treasurer is hereby empowered to execute as grantor and shall execute a
deed in form and effect sufficient under the laws of the Islands to
reconvey the land to the original owners.
The fact that property was forfeited to a municipality for non-payment
of taxes shall not, if the same be redeemed as by this section
provided, deprive the owners of any of the benefits provided by section
one of this Act.
Sec. 3. The public good requiring the speedy
enactment of this bill, the passage of the same is hereby expedited in
accordance with section two of "An Act prescribing the order of
procedure by the Commission in the enactment of laws," passed September
twenty-sixty, nineteen hundred.
Sec. 4. This Act shall take effect on its passage.
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Since 19.07.98.