137.016. Real property, subclasses of, defined--political subdivision may adjust operating levy to recoup revenue, when--reclassification to apply, when--placement of certain property within proper su
Real property, subclasses of, defined--political subdivision mayadjust operating levy to recoup revenue, when--reclassificationto apply, when--placement of certain property within propersubclass, factors considered.
137.016. 1. As used in section 4(b) of article X of the MissouriConstitution, the following terms mean:
(1) "Agricultural and horticultural property", all real property usedfor agricultural purposes and devoted primarily to the raising andharvesting of crops; to the feeding, breeding and management of livestockwhich shall include breeding, showing, and boarding of horses; to dairying,or to any other combination thereof; and buildings and structurescustomarily associated with farming, agricultural, and horticultural uses.Agricultural and horticultural property shall also include land devoted toand qualifying for payments or other compensation under a soil conservationor agricultural assistance program under an agreement with an agency of thefederal government. Agricultural and horticultural property shall furtherinclude land and improvements, exclusive of structures, on privately ownedairports that qualify as reliever airports under the Nation Plan ofIntegrated Airports System, to receive federal airport improvement projectfunds through the Federal Aviation Administration. Real propertyclassified as forest croplands shall not be agricultural or horticulturalproperty so long as it is classified as forest croplands and shall be taxedin accordance with the laws enacted to implement section 7 of article X ofthe Missouri Constitution;
(2) "Residential property", all real property improved by a structurewhich is used or intended to be used for residential living by humanoccupants, vacant land in connection with an airport, land used as a golfcourse, and manufactured home parks, but residential property shall notinclude other similar facilities used primarily for transient housing. Forthe purposes of this section, "transient housing" means all rooms availablefor rent or lease for which the receipts from the rent or lease of suchrooms are subject to state sales tax pursuant to subdivision (6) ofsubsection 1 of section 144.020, RSMo;
(3) "Utility, industrial, commercial, railroad and other realproperty", all real property used directly or indirectly, for anycommercial, mining, industrial, manufacturing, trade, professional,business, or similar purpose, including all property centrally assessed bythe state tax commission but shall not include floating docks, portions ofwhich are separately owned and the remainder of which is designated forcommon ownership and in which no one person or business entity owns morethan five individual units. All other real property not included in theproperty listed in subclasses (1) and (2) of section 4(b) of article X ofthe Missouri Constitution, as such property is defined in this section,shall be deemed to be included in the term "utility, industrial,commercial, railroad and other real property".
2. Pursuant to article X of the state constitution, any taxingdistrict may adjust its operating levy to recoup any loss of property taxrevenue, except revenues from the surtax imposed pursuant to article X,subsection 2 of section 6 of the constitution, as the result of changingthe classification of structures intended to be used for residential livingby human occupants which contain five or more dwelling units if suchadjustment of the levy does not exceed the highest tax rate in effectsubsequent to the 1980 tax year. For purposes of this section, loss inrevenue shall include the difference between the revenue that would havebeen collected on such property under its classification prior to enactmentof this section and the amount to be collected under its classificationunder this section. The county assessor of each county or city not withina county shall provide information to each taxing district within itsboundaries regarding the difference in assessed valuation of such propertyas the result of such change in classification.
3. All reclassification of property as the result of changing theclassification of structures intended to be used for residential living byhuman occupants which contain five or more dwelling units shall apply toassessments made after December 31, 1994.
4. Where real property is used or held for use for more than onepurpose and such uses result in different classifications, the countyassessor shall allocate to each classification the percentage of the truevalue in money of the property devoted to each use; except that, whereagricultural and horticultural property, as defined in this section, alsocontains a dwelling unit or units, the farm dwelling, appurtenantresidential-related structures and up to five acres immediately surroundingsuch farm dwelling shall be residential property, as defined in thissection.
5. All real property which is vacant, unused, or held for future use;which is used for a private club, a not-for-profit or other nonexemptlodge, club, business, trade, service organization, or similar entity; orfor which a determination as to its classification cannot be made under thedefinitions set out in subsection 1 of this section, shall be classifiedaccording to its immediate most suitable economic use, which use shall bedetermined after consideration of:
(1) Immediate prior use, if any, of such property;
(2) Location of such property;
(3) Zoning classification of such property; except that, such zoningclassification shall not be considered conclusive if, upon consideration ofall factors, it is determined that such zoning classification does notreflect the immediate most suitable economic use of the property;
(4) Other legal restrictions on the use of such property;
(5) Availability of water, electricity, gas, sewers, street lighting,and other public services for such property;
(6) Size of such property;
(7) Access of such property to public thoroughfares; and
(8) Any other factors relevant to a determination of the immediatemost suitable economic use of such property.
6. All lands classified as forest croplands shall not, for taxationpurposes, be classified as subclass (1), subclass (2), or subclass (3) realproperty, as such classes are prescribed in section 4(b) of article X ofthe Missouri Constitution and defined in this section, but shall be taxedin accordance with the laws enacted to implement section 7 of article X ofthe Missouri Constitution.
(L. 1983 S.B. 63, et al. § 3, A.L. 1986 H.B. 1022, et al., A.L. 1989 H.B. 181 & 633, A.L. 1991 S.B. 61, A.L. 1995 H.B. 211, A.L. 1997 S.B. 241, A.L. 2008 S.B. 711)(2004) Property used as extended stay residential facility, where majority of rooms are available for short-term residency, does not constitute residential property for property tax purposes. Shipman v. Dominion Hospitality, 148 S.W.3d 821 (Mo.banc).