Section § 101

Explanation
This law states that the general rules explained in the upcoming sections are used to interpret this division unless a specific context needs something different.
Unless the context otherwise requires, the general provisions hereinafter set forth govern the construction of this division.

Section § 102

Explanation

This law makes it clear that the rules in this section must not result in a person being taxed twice on the same transaction or amount.

Nothing in this division shall be construed to permit double taxation.

Section § 103

Explanation

In this context, "Property" refers to anything that can be privately owned. This includes real estate, personal items, and a combination of both.

“Property” includes all matters and things, real, personal, and mixed, capable of private ownership.

Section § 104

Explanation

This law defines what counts as 'real estate' or 'real property' in California. It includes ownership or rights to land, resources like minerals and timber found on the land, and any improvements made to the land.

'Improvements' refer to things like buildings or other permanent fixtures added to the property.

“Real estate” or “real property” includes:
(a)CA Revenue & Taxation Code § 104(a) The possession of, claim to, ownership of, or right to the possession of land.
(b)CA Revenue & Taxation Code § 104(b) All mines, minerals, and quarries in the land, all standing timber whether or not belonging to the owner of the land, and all rights and privileges appertaining thereto.
(c)CA Revenue & Taxation Code § 104(c) Improvements.

Section § 105

Explanation

Improvements, in this context, mean anything built or attached to the land, like buildings, structures, and fences. It also includes certain non-natural plants, such as fruit and nut trees or vines, but exempts younger date palms from taxation.

This law is temporary and will be repealed once a particular chapter of the legal code becomes effective.

(a)CA Revenue & Taxation Code § 105(a) “Improvements” includes both of the following:
(1)CA Revenue & Taxation Code § 105(a)(1) All buildings, structures, fixtures, and fences erected on or affixed to the land.
(2)CA Revenue & Taxation Code § 105(a)(2) All fruit, nut-bearing, or ornamental trees and vines, not of natural growth, and not exempt from taxation, except date palms under eight years of age.
(b)CA Revenue & Taxation Code § 105(b) This section shall be in effect until the date Chapter 4.5 (commencing with Section 83) of Part 0.5 goes into effect pursuant to subdivision (a) of Section 88, and as of that date is repealed.

Section § 105

Explanation

This California law defines what constitutes 'improvements' to land. These improvements include buildings, structures, fixtures, and fences attached to land, as well as specific types of trees and vines that are planted for fruit, nuts, or ornament, but not those that grow naturally or are exempt from taxes. Date palms younger than eight years are specifically excluded. The law becomes effective when a certain condition related to Chapter 4.5 occurs.

(a)CA Revenue & Taxation Code § 105(a) Except as provided in Section 83.5, “improvements” includes both of the following:
(1)CA Revenue & Taxation Code § 105(a)(1) All buildings, structures, fixtures, and fences erected on or affixed to the land.
(2)CA Revenue & Taxation Code § 105(a)(2) All fruit, nut-bearing, or ornamental trees and vines, not of natural growth, and not exempt from taxation, except date palms under eight years of age.
(b)CA Revenue & Taxation Code § 105(b) This section shall go into effect on the date Chapter 4.5 (commencing with Section 83) goes into effect pursuant to subdivision (a) of Section 88.

Section § 106

Explanation

This law defines 'personal property' as all types of property that are not real estate. However, this definition is temporarily in place until another set of laws, starting with Chapter 4.5, becomes active, at which point this definition will be repealed.

(a)CA Revenue & Taxation Code § 106(a) “Personal property” includes all property except real estate.
(b)CA Revenue & Taxation Code § 106(b) This section shall be in effect until the date Chapter 4.5 (commencing with Section 83) of Part 0.5 goes into effect pursuant to subdivision (a) of Section 88, and as of that date is repealed.

Section § 106

Explanation

Personal property is defined as any property that isn't real estate, unless Section 83.5 says otherwise. This section becomes effective when a specific part of the law called Chapter 4.5 starts to apply, according to another section, Section 88.

(a)CA Revenue & Taxation Code § 106(a) Except as provided in Section 83.5, “personal property” includes all property except real estate.
(b)CA Revenue & Taxation Code § 106(b) This section shall go into effect on the date Chapter 4.5 (commencing with Section 83) of Part 0.5 goes into effect pursuant to subdivision (a) of Section 88.

Section § 107

Explanation

This law defines 'possessory interests' as the right to possess land or improvements in a manner that is independent, durable, and exclusive of others' rights. 'Independent' means having autonomous control over the property, 'durable' refers to usage for a known period, and 'exclusive' means the ability to enjoy and manage the property, potentially including sole occupancy or shared usage under certain circumstances. Taxable improvements on tax-exempt land are considered possessory interests. Additionally, leaseholds for extracting gas, oil, and other substances are noted as secure for tax purposes but not classified as possessory interests. Tax collection procedures are specified for delinquent taxes related to these interests.

“Possessory interests” means the following:
(a)CA Revenue & Taxation Code § 107(a) Possession of, claim to, or right to the possession of land or improvements that is independent, durable, and exclusive of rights held by others in the property, except when coupled with ownership of the land or improvements in the same person. For the purposes of this subdivision:
(1)CA Revenue & Taxation Code § 107(a)(1) “Independent” means the ability to exercise authority and exert control over the management or operation of the property or improvements, separate and apart from the policies, statutes, ordinances, rules, and regulations of the public owner of the property or improvements. A possession or use is independent if the possession or operation of the property is sufficiently autonomous to constitute more than a mere agency.
(2)CA Revenue & Taxation Code § 107(a)(2) “Durable” means for a determinable period with a reasonable certainty that the use, possession, or claim with respect to the property or improvements will continue for that period.
(3)CA Revenue & Taxation Code § 107(a)(3) “Exclusive” means the enjoyment of a beneficial use of land or improvements, together with the ability to exclude from occupancy by means of legal process others who may interfere with that enjoyment. For purposes of this paragraph, “exclusive use” includes the following types of use in property:
(A)CA Revenue & Taxation Code § 107(a)(3)(A) Sole occupancy or use of property or improvements.
(B)CA Revenue & Taxation Code § 107(a)(3)(B) Use as a cotenant.
(C)CA Revenue & Taxation Code § 107(a)(3)(C) Concurrent use by a person who has a primary or prevailing right to use property or improvements at any time.
(D)CA Revenue & Taxation Code § 107(a)(3)(D) Concurrent uses by persons making qualitatively different uses of property or improvements.
(E)CA Revenue & Taxation Code § 107(a)(3)(E) Concurrent use by persons engaged in similar uses that diminish the quantity or quality of the property or improvements.
(F)CA Revenue & Taxation Code § 107(a)(3)(F) Concurrent use that does not diminish the quantity or quality of the property or improvements, if the number of those concurrent use grants is restricted.
A use of property or improvements that does not contain one of the elements in subparagraphs (A) to (F), inclusive, shall be rebuttably presumed to be a nonexclusive use.
(b)CA Revenue & Taxation Code § 107(b) Taxable improvements on tax-exempt land.
Any possessory interest may, in the discretion of the county board of supervisors, be considered as sufficient security for the payment of any taxes levied thereon and may be placed on the secured roll.
Leasehold estates for the production of gas, petroleum and other hydrocarbon substances from beneath the surface of the earth, and other rights relating to these substances which constitute incorporeal hereditaments or profits a prendre, are sufficient security for the payment of taxes levied thereon. These estates and rights shall not be classified as possessory interests, but shall be placed on the secured roll.
If the tax on any possessory interest or leasehold estate for the production of gas, petroleum and other hydrocarbon substances is unpaid when any installment of secured taxes become delinquent, the tax collector may use those collection procedures which are available for the collection of assessments on the unsecured roll.
If the tax on any possessory interest or leasehold estate for the production of gas, petroleum and other hydrocarbon substances remains unpaid at the time set for the declaration of default for taxes carried on the secured roll, the possessory interest tax together with any penalty and costs which may be accrued thereon while on the secured roll shall be transferred to the unsecured roll.

Section § 107.1

Explanation

This section explains how to calculate the taxable value of a specific kind of ownership interest in a leased property that is usually exempt from taxes. If you're leasing such a property, the taxable value is determined by comparing the market value of the lease to what remains to be paid on the lease. The law only applies to those ownership interests formed before a specific court decision in 1955 and excludes oil and gas development leases. Furthermore, if such interests have been renewed or extended, they’re not covered under this rule.

The full cash value of a possessory interest, when arising out of a lease of exempt property, is the excess, if any, of the value of the lease on the open market, as determined by the formula contained in the case of De Luz Homes, Inc. v. County of San Diego (1955), 45 Cal. 2d 546, over the present worth of the rentals under said lease for the unexpired term thereof.
A possessory interest taxable under the provisions of this section shall be assessed to the lessee on the same basis or percentage of valuation employed as to other tangible property on the same roll.
This section applies only to possessory interests created prior to the date on which the decision of the California Supreme Court in De Luz Homes, Inc. v. County of San Diego (1955), 45 Cal. 2d 546, became final. It does not, however, apply to any of such interests created prior to that date that thereafter have been, or may hereafter be, extended or renewed, irrespective of whether the renewal or extension is provided for in the instrument creating the interest.
This section does not apply to leasehold estates for the production of gas, petroleum and other hydrocarbon substances from beneath the surface of the earth, and other rights relating to such substances which constitute incorporeal hereditaments or profits a prendre.

Section § 107.2

Explanation

This law discusses how the value of rights to extract oil and gas from tax-exempt properties in California should be assessed. It clarifies that the taxable value of these rights does not include the value of royalties or profit-sharing rights owned by tax-exempt entities. The rules apply specifically to oil and gas interests created before a certain 1955 court decision. Extensions or renewals of these interests are not covered if they change royalty rates due to increased property value assessments, unless mandated by existing agreements or regulations. Furthermore, if royalty rates were already adjusted due to incorrect prior assessments, this section doesn't apply.

The full cash value of leasehold estates in exempt property for the production of gas, petroleum and other hydrocarbon substances from beneath the surface of the earth, and all other taxable rights to produce gas, petroleum and other hydrocarbon substances from exempt property (all of which rights are hereinafter in this section referred to as “such oil and gas interests”), is the value of such oil and gas interests exclusive of the value of any royalties or other rights to share in production from exempt property owned by any tax-exempt entity, whether receivable in money or property and whether measured by or based upon production or income or both.
This section applies to such oil and gas interests created prior to the date on which the decision in De Luz Homes, Inc. v. County of San Diego (1955) 45 Cal. 2d 546, became final. This section does not, however, apply to any of such oil and gas interests created prior to such date which have been after such date or are hereafter extended or renewed, unless such extension or renewal is pursuant to authority in a contract, lease, statute, regulation, city charter, ordinance, or other source, which authority permits no reduction of the rate of royalty or other right to share in production on grounds of an increase in the assessed valuation of such oil and gas interest. Moreover, this section does not apply to any of such oil and gas interests if the rate of royalties or other right to share in production has, prior to the effective date of this section, been reduced to adjust for the fact that certain assessors have valued such oil and gas interests without excluding the value of said royalties or other rights to share in production.

Section § 107.3

Explanation

This law determines how to value leasehold estates involving the production of oil, gas, and other hydrocarbons from exempt properties for tax purposes. It focuses on valuing the rights to extract these resources without including the value of royalties or income shared with tax-exempt entities. The law applies specifically to oil and gas interests created or renewed around the time of a specific 1955 court decision, up until July 26, 1963.

It only applies if the renewal doesn't allow reducing royalties based on assessed value increases. If the royalty rate has already been reduced due to how valuations were handled by assessors, then this law doesn't apply.

The full cash value of leasehold estates in exempt property for the production of gas, petroleum and other hydrocarbon substances from beneath the surface of the earth and all other taxable rights to produce gas, petroleum and other hydrocarbon substances from exempt property (all of which rights are hereinafter in this section referred to as “such oil and gas interests”), is the value of such oil and gas interests, exclusive of the value of any royalties or other rights to share in production from exempt property owned by any tax-exempt entity, whether receivable in money or property and whether measured by or based upon production or income or both.
This section applies to:
(a)CA Revenue & Taxation Code § 107.3(a) Such oil and gas interests created prior to the date on which the decision in De Luz Homes, Inc. v. County of San Diego (1955) 45 Cal. 2d 546, became final to which Section 107.2 of this code does not apply because said interests were extended or renewed on or before July 26, 1963.
(b)CA Revenue & Taxation Code § 107.3(b) Such oil and gas interests created on or after the date on which said decision become final and on or before July 26, 1963.
This section does not, however, apply to any of such oil and gas interests extended or renewed after July 26, 1963, unless such extension or renewal is pursuant to authority in a contract, lease, statute, regulation, city charter, ordinance or other source which authority permits no reduction of the rate of royalty or other right to share in production upon the ground of an increase in the assessed valuation of such oil and gas interest. Moreover, this section does not apply to any of such oil and gas interests if the rate of royalties or other right to share in production has, prior to the effective date of this section, been reduced to adjust for the fact that certain assessors have valued such oil and gas interests without excluding the value of said royalties or other rights to share in production.

Section § 107.4

Explanation

This law states that for military housing projects on base, run by private contractors, certain conditions must be met to avoid being taxed as independent land users. The military retains significant control over construction, management, and operations, including setting rules, rents, and managing tenant issues. The contractor essentially follows military guidelines and does not have significant control over the housing operations.

The law also specifies that if military housing is rented to non-military individuals, different rules apply, including property taxes being the responsibility of the contractor. All these stipulations ensure that the benefits and tax savings go primarily to military personnel and their families.

(a)CA Revenue & Taxation Code § 107.4(a) For purposes of paragraph (1) of subdivision (a) of Section 107, there is no independent possession or use of land or improvements if that possession or use is pursuant to a contract that includes, but is not limited to, a long-term lease, for the private construction, renovation, rehabilitation, replacement, management, or maintenance of housing for active duty military personnel or their dependents, or both, if all of the following criteria are met:
(1)CA Revenue & Taxation Code § 107.4(a)(1) The military housing constructed and managed by private contractor is situated on a military facility under military control, and the construction of that housing is performed under military guidelines in the same manner as construction that is performed by the military.
(2)CA Revenue & Taxation Code § 107.4(a)(2) All services normally provided by a municipality are required to be purchased from the military facility or a provider designated by the military.
(3)CA Revenue & Taxation Code § 107.4(a)(3) The private contractor is not given the right and ability to exercise any significant authority and control over the management or operation of the military housing, separate and apart from the rules and regulations of the military.
(4)CA Revenue & Taxation Code § 107.4(a)(4) The number of units, the number of bedrooms per unit, and the unit mix are set by the military, and may not be changed by the contractor without prior approval by the military.
(5)CA Revenue & Taxation Code § 107.4(a)(5) Tenants are designated by a military housing agency.
(6)CA Revenue & Taxation Code § 107.4(a)(6) Financing for the project is subject to the approval of the military in its sole discretion.
(7)CA Revenue & Taxation Code § 107.4(a)(7) Rents charged to military personnel or their dependents are set by the military.
(8)CA Revenue & Taxation Code § 107.4(a)(8) The military controls the distribution of revenues from the project to the private contractor, and the private contractor is allowed only a predetermined profit or fee for constructing the military housing.
(9)CA Revenue & Taxation Code § 107.4(a)(9) Evictions from the housing units are subject to the military justice system.
(10)CA Revenue & Taxation Code § 107.4(a)(10) The military prescribes rules and regulations governing the use and occupancy of the property.
(11)CA Revenue & Taxation Code § 107.4(a)(11) The military has the authority to remove or bar persons from the property.
(12)CA Revenue & Taxation Code § 107.4(a)(12) The military may impose access restrictions on the contractor and its tenants.
(13)CA Revenue & Taxation Code § 107.4(a)(13) Any reduction or, if that amount is unknown, the private contractor’s reasonable estimate of savings, in property taxes on leased property used for military housing under the Military Housing Privatization Initiative (10 U.S.C. Sec. 2871 et seq.) shall inure solely to the benefit of the residents of the military housing through improvements, such as a child care center provided by the private contractor.
(14)CA Revenue & Taxation Code § 107.4(a)(14) The military housing is constructed, renovated, rehabilitated, remodeled, replaced, or managed under the Military Housing Privatization Initiative, or any successor to that law.
(b)CA Revenue & Taxation Code § 107.4(b) This section shall not apply to a military housing unit managed by a private contractor that is rented to a tenant who is an unaffiliated member of the general public.
(1)CA Revenue & Taxation Code § 107.4(b)(1) “Unaffiliated member of the general public” means a person who is not a current member of the military. A housing unit rented to or occupied by a person employed as management or maintenance personnel for the military housing property shall not be considered to be a unit rented to an unaffiliated member of the general public.
(2)CA Revenue & Taxation Code § 107.4(b)(2) The private contractor shall annually notify the assessor by February 15 of any housing units rented to unaffiliated members of the general public as of the immediately preceding lien date. The private contractor shall be responsible for any property taxes on housing units rented to unaffiliated members of the general public.
(c)CA Revenue & Taxation Code § 107.4(c) For purposes of this section, “military facility under military control” means a military base that restricts public access to the military base.

Section § 107.6

Explanation

When the state or a local government signs a contract with a private party that might create a taxable possessory interest, they must include a notice about the possible property taxation. If they don’t include this notice, the contract is still valid, but the private party can claim damages if they weren’t aware of the tax obligation.

The law presumes that the private party didn't know about the tax unless proven otherwise, but they don’t have to prove they wouldn’t have signed the contract if they had known. 'Possessory interest' refers to specific types of interests as defined elsewhere, and 'damages' in this context means the amount of the tax during the contract term.

(a)CA Revenue & Taxation Code § 107.6(a) The state or any local public entity of government, when entering into a written contract with a private party whereby a possessory interest subject to property taxation may be created, shall include, or cause to be included, in that contract, a statement that the property interest may be subject to property taxation if created, and that the party in whom the possessory interest is vested may be subject to the payment of property taxes levied on the interest.
(b)CA Revenue & Taxation Code § 107.6(b) Failure to comply with the requirements of this section shall not be construed to invalidate the contract. The private party may recover damages from the contracting state or local public entity, where the private party can show that without the notice, he or she had no actual knowledge of the existence of a possessory interest tax.
The private party is rebuttably presumed to have no actual knowledge of the existence of a possessory interest tax.
In order to show damages, the private party need not show that he or she would not have entered the contract but for the failure of notice.
(c)CA Revenue & Taxation Code § 107.6(c) For purposes of this section:
(1)CA Revenue & Taxation Code § 107.6(c)(1) “Possessory interest” means any interest described in Section 107.
(2)CA Revenue & Taxation Code § 107.6(c)(2) “Local public entity” shall have the same meaning as that set forth in Section 900.4 of the Government Code and shall include school districts and community college districts.
(3)CA Revenue & Taxation Code § 107.6(c)(3) “State” means the state and any state agency as defined in Section 11000 of the Government Code and Section 89000 of the Education Code.
(4)CA Revenue & Taxation Code § 107.6(c)(4) “Damages” mean the amount of the possessory interest tax for the term of the contract.

Section § 107.7

Explanation

This law section explains how to determine the value of certain property interests related to cable and video services when they use public areas such as streets and easements. These are called possessory interests. The law outlines three main ways to assess the value: by looking at similar sales, calculating income from the property, or measuring costs. The preferred method for valuing these interests is to consider the rent paid, applying a suitable rate for capitalization. The rent portion used must reflect the value of the possessory interest itself or what would be an appropriate economic rent.

When the more unusual method of using comparable sales is chosen, those valuations aren't automatically assumed to be correct. Also, intangible business elements like licenses, subscriber contracts, and goodwill are not taxed directly. However, these intangible assets might be considered when figuring out how valuable the possessory interest is, as they need to exist for the property to be used effectively.

If there's a change in ownership, the new owner must provide specific financial details to the tax assessor, such as sales price and revenue details. Not providing this information can lead to a penalty of up to $5,000.

(a)CA Revenue & Taxation Code § 107.7(a) When valuing possessory interests in real property created by the right to place wires, conduits, and appurtenances along or across public streets, rights-of-way, or public easements contained in either a cable franchise or license granted pursuant to Section 53066 of the Government Code (a “cable possessory interest”) or a state franchise to provide video service pursuant to Section 5840 of the Public Utilities Code (a “video possessory interest”), the assessor shall value these possessory interests consistent with the requirements of Section 401. The methods of valuation shall include, but not be limited to, the comparable sales method, the income method (including, but not limited to, capitalizing rent), or the cost method.
(b)Copy CA Revenue & Taxation Code § 107.7(b)
(1)Copy CA Revenue & Taxation Code § 107.7(b)(1) The preferred method of valuation of a cable television possessory interest or video service possessory interest by the assessor is capitalizing the annual rent, using an appropriate capitalization rate.
(2)CA Revenue & Taxation Code § 107.7(b)(2) For purposes of this section, the annual rent shall be that portion of that franchise fee received that is determined to be payment for the cable possessory interest or video service possessory interest for the actual remaining term or the reasonably anticipated term of the franchise or license or the appropriate economic rent. If the assessor does not use a portion of the franchise fee as the economic rent, the resulting assessments shall not benefit from any presumption of correctness.
(c)CA Revenue & Taxation Code § 107.7(c) If the comparable sales method, which is not the preferred method, is used by the assessor to value a cable possessory interest or video service possessory interest when sold in combination with other property, including, but not limited to, intangible assets or rights, the resulting assessments shall not benefit from any presumption of correctness.
(d)CA Revenue & Taxation Code § 107.7(d) Intangible assets or rights of a cable system or the provider of video services are not subject to ad valorem property taxation. These intangible assets or rights include, but are not limited to: franchises or licenses to construct, operate, and maintain a cable system or video service system for a specified franchise term (excepting therefrom that portion of the franchise or license which grants the possessory interest); subscribers, marketing, and programming contracts; nonreal property lease agreements; management and operating systems; a workforce in place; going concern value; deferred, startup, or prematurity costs; covenants not to compete; and goodwill. However, a cable possessory interest or video service possessory interest may be assessed and valued by assuming the presence of intangible assets or rights necessary to put the cable possessory interest or video service possessory interest to beneficial or productive use in an operating cable system or video service system.
(e)CA Revenue & Taxation Code § 107.7(e) If a change in ownership of a cable possessory interest or video service possessory interest occurs, the person or legal entity required to file a statement pursuant to Section 480, 480.1, or 480.2 shall, at the request of the assessor, provide as a part of that statement the following, if applicable: confirmation of the sales price, allocation of the sales price among the counties, and gross revenue and franchise fee expenses of the cable system or video service system by county. Failure to provide the statement information shall result in a penalty as provided in Section 482, except that the maximum penalty shall be five thousand dollars ($5,000).

Section § 107.8

Explanation

This law talks about a specific type of property lease arrangement called a lease-leaseback between a public entity and a lessee (someone leasing property). It says that if the lessee must sublease the same property back to the public owner and follow the public owner’s rules, it’s not an independent lease. The public owner must have the option to buy back the lease rights, and the lessee cannot make more money from the sublease than it pays in rent for the main lease. Additionally, 'all or substantially all' in this context means at least 85% of the lease period must be under these conditions.

(a)CA Revenue & Taxation Code § 107.8(a) For purposes of applying subdivision (a) of Section 107 to a lease-leaseback of publicly owned real property, the possession of, claim to, or right to the possession of, land or improvements pursuant to a lease is not independent if the lessee (1) is obligated simultaneously to sublease the property to the public owner of the property for all or substantially all of the lease period, (2) may not exercise authority and exert control over the management or operation of the property separate and apart from the policies, statutes, ordinances, rules and regulations of the public owner, (3) provides as part of the sublease that the public owner has the right to repurchase all of the lessee’s rights in the lease, and (4) cannot receive rent or other amounts from the public owner under the sublease (including any amounts due with respect to any repurchase) the present value of which, at the time the lease is entered into, exceeds the present value of the rent or other amounts payable by the lessee under the lease.
(b)CA Revenue & Taxation Code § 107.8(b) For purposes of subdivision (a), the term “all or substantially all” means at least 85 percent.

Section § 107.9

Explanation

This law relates to how taxes are calculated for airline operators at publicly owned airports in California. It specifies that airline operators have both excluded and additional taxable interests in airport property. For tax assessments starting from the 1998–99 fiscal year onward, certain property assessments must use a direct income approach to determine value, which involves using a specific calculation based on landing fees from a previous year. It also sets rules on how and when changes in ownership and terms of possession affect taxable interests. The specifics include calculation methods for economic rent, adjustments based on the Consumer Price Index, and how changes in landing weights can affect the base value of these interests. County assessors have guidelines on how to assess the economic value despite disputes over landing fees by accounting for escrow funds.

(a)CA Revenue & Taxation Code § 107.9(a) In addition to any taxable real property interests that an operator of certificated aircraft has at a publicly owned airport that are interests stated in a written agreement for terminal, cargo, hangar, automobile parking lot, storage and maintenance facilities and other buildings and the land thereunder leased in whole or in part by an airline (hereafter the “excluded possessory interests”), there exists an additional taxable possessory interest conferred upon an operator of certificated aircraft at a publicly owned airport.
(b)CA Revenue & Taxation Code § 107.9(b) Notwithstanding any other provision of law relating to valuation, for assessments for the 1998–99 fiscal year, and each fiscal year thereafter, (1) regular assessments of all taxable real property interests of the operator of certificated aircraft at a publicly owned airport, other than the excluded possessory interests, and (2) timely escape assessments upon the real property interests governed by this section issued on or after April 1, 1998, pursuant to Sections 531 and 531.2, shall be presumed to be valued and assessed at full cash value for these interests only if the assessor uses the following direct income approach in capitalizing net economic rent:
(1)CA Revenue & Taxation Code § 107.9(b)(1) The economic rent shall be computed by using one-half of the landing fee rate used to calculate the 1996–97 assessment for real property interests, other than excluded possessory interests, multiplied by the aggregate weight of landings by the operator for the airport’s fiscal year prior to the 1996 lien date. The one-half of the landing fee rate used to compute the 1996–97 economic rent shall be annually adjusted in accordance with the percentage change, rounded to the nearest one-thousandth of 1 percent, from October of the prior fiscal year to October of the current fiscal year in the California Consumer Price Index for all items, as determined by the California Department of Industrial Relations, except that in no instance shall this adjusted rate exceed one-half of the airport’s actual landing fee rate for the last full fiscal year. The economic rent shall also be adjusted in proportion to the increase or decrease in the aggregate weight of landings by the operator for the last full fiscal year at each airport in the taxing county. In the case of a new operator, the economic rent shall be determined by reference to a similarly situated operator.
(2)CA Revenue & Taxation Code § 107.9(b)(2) The expense ratio shall be the ratio used by each county for the 1996 lien date.
(3)CA Revenue & Taxation Code § 107.9(b)(3) The capitalization rates shall not exceed, or be less than, the rates used by each county for the 1996 lien date, except that they shall be annually adjusted in proportion to the changes in the “Going-in Cap Rate; All Types” as published by the Real Estate Research Corporation, and, as so adjusted, shall be rounded to the nearest one-half percent. If this information ceases to be published by the Real Estate Research Corporation or the format significantly changes, a publication or adjustment agreed to by the airlines and the taxing counties shall be substituted.
(4)CA Revenue & Taxation Code § 107.9(b)(4) The term of possession for each operator shall be the term used by each county to calculate the 1996–97 assessment, but shall not exceed a maximum term of 20 years. Subject to paragraphs (1) to (3), inclusive, of subdivision (b) of Section 61 as applied to interests subject to this subdivision, changes of ownership and term of possessions shall be determined as follows:
(A)CA Revenue & Taxation Code § 107.9(b)(4)(A) In the case of the creation, renewal, extension or assignment of an operating agreement or permit, without the concurrent creation, renewal, extension or assignment of a terminal, hangar, or cargo facility agreement, no change in ownership will be presumed to have occurred and the term of possession shall be the term used by each county for their 1996–97 assessments, not to exceed a maximum of 20 years.
(B)CA Revenue & Taxation Code § 107.9(b)(4)(B) In the case of the creation, renewal, extension or assignment of a terminal, hangar, or cargo facility agreement, a change in ownership will be presumed to have occurred and the term of possession shall be the actual term stated in the written terminal, hangar, or cargo facility agreement, provided that the term shall not be less than 10 years or exceed 15 years.
(C)CA Revenue & Taxation Code § 107.9(b)(4)(C) In the case of any operator without a terminal, hangar, or cargo facility agreement, the actual creation, renewal, extension or assignment of a written operating agreement or permit shall constitute a change in ownership and the actual term of the operating agreement for that carrier will be used, provided that the term shall not be less than 5 years or exceed more than 15 years.
(5)CA Revenue & Taxation Code § 107.9(b)(5) Nothing in this subdivision is intended to apply to the determination of a term of possession for a possessory interest in an excluded possessory interest.
(c)CA Revenue & Taxation Code § 107.9(c) Notwithstanding subdivision (b), in a county in which 1995–96 landing fees were not used to calculate the 1996–97 assessment, the county shall benefit from the presumption of correctness set forth in subdivision (b) only if the assessor uses the following direct income approach in capitalizing net economic rent:
(1)CA Revenue & Taxation Code § 107.9(c)(1) The calculations required in subdivision (b) are performed using the assessment that would have been derived in the 1996–97 fiscal year had the assessor followed the methodology set forth in subdivision (b) using actual airport data for the 1995–96 fiscal year.
(2)CA Revenue & Taxation Code § 107.9(c)(2) If any portion of the airport’s landing fee rate for the 1995–96 fiscal year was in dispute and resulted in the creation of an escrow account for a portion of the landing fees paid, that portion of the landing fee rate attributable to the escrowed funds shall not be included in the calculations performed in paragraph (1). However, if the dispute is resolved, in whole or in part, in favor of the publicly owned airport and all or a portion of the escrowed funds are released to the airport, the assessor shall, without regard to any other statutorily imposed time limitation, be entitled to recalculate the assessments required by this subdivision using an adjusted landing fee rate that reflects a final decision on the disposition of escrowed funds to produce escape assessments for all affected years.
(d)CA Revenue & Taxation Code § 107.9(d) Value shall be determined as follows:
(1)CA Revenue & Taxation Code § 107.9(d)(1) Economic rent shall be calculated by applying the expense ratio described in paragraph (2) of subdivision (b) to reduce gross income determined pursuant to paragraph (1) of subdivision (b) or (c) and paragraph (2) of subdivision (c) to arrive at an amount that shall be deemed to be equivalent to economic rent.
(2)CA Revenue & Taxation Code § 107.9(d)(2) Economic rent, as so determined, shall be capitalized for the term provided for in paragraph (4) of subdivision (b) at the capitalization rate determined in accordance with paragraph (3) of subdivision (b).
(e)CA Revenue & Taxation Code § 107.9(e) Assessments under this section shall not exceed the factored base year value established under Article XIII A of the California Constitution. However, adjustments made in aggregate landing weights under this section are deemed to be a valid basis for adjusting the base year value to the extent of the percentage change in landed weights for purposes of Article XIII A of the California Constitution. Pursuant to Section 65.1, adjustments in aggregate landing weights shall not be considered a change in ownership or a basis for applying a new term of possession in the airlines’ preexisting real property interest.

Section § 107.10

Explanation

This law states that if a low-income household is renting an apartment in a public housing project at a price deemed affordable under related housing standards, they are not considered to have independent possession or use of the property. This is particularly for the purposes outlined in another section of the law, essentially meaning the arrangement doesn't count as 'possessing' the property on their own.

For purposes of paragraph (1) of subdivision (a) of Section 107, there is no independent possession or use of land or improvements if that possession or use is a tenancy in a residential unit of a publicly owned housing project by a low-income household, as defined by Section 50079.5 of the Health and Safety Code, rented at affordable rents as described in Section 50053 of the Health and Safety Code.

Section § 108

Explanation

The term 'state-assessed property' refers to any property that the board must evaluate according to Section 19 of Article XIII of the California Constitution. This property is also liable for local taxes.

“State-assessed property” means all property required to be assessed by the board under Section 19 of Article XIII of the Constitution and which is subject to local taxation.

Section § 109

Explanation

This section defines different parts of the 'assessment roll,' which is a list of property subject to tax. The 'secured roll' includes properties with taxes that act as a lien on real estate, ensuring the taxes get paid. The 'unsecured roll' includes properties without such liens. The 'local roll' comprises both secured and unsecured rolls that the county assessor evaluates. The 'board roll' is part of the secured roll specifically for property assessed by the State.

“Roll” means the entire assessment roll. The “secured roll” is that part of the roll containing State assessed property and property the taxes on which are a lien on real property sufficient, in the opinion of the assessor, to secure payment of the taxes. The remainder of the roll is the “unsecured roll.” The “local roll” is those parts of the secured and unsecured roll containing property which it is the county assessor’s duty to assess. The “board roll” is that part of the secured roll containing State assessed property.

Section § 109.5

Explanation

This law describes what a 'machine-prepared roll' is in terms of assessment rolls. It explains that these rolls can be created using electronic or mechanical equipment like computers or typewriters. The resulting roll can be displayed in various formats, such as printed papers or microfilm, as long as it is easy for the public to read. Importantly, these rolls don't need to include information for calculating taxes, but the auditor can add that later. Once the tax information is added, the document becomes the final assessment roll without affecting the status of the original roll.

“Machine-prepared roll” means an assessment roll prepared by electronic data-processing equipment, bookkeeping machine, typewriter, or other mechanical device, and such a roll may be displayed in printed form, on microfilm, or by any other means that would make it readily available to the public in a legible form. When so prepared by the assessor, the roll need not contain provision for tax extensions, but the contents thereof may be reproduced by the auditor with provision for tax extensions. Upon such reproduction of the assessment data, the document with provision for tax extensions shall constitute the roll without prejudice to the roll status of the document without such provision.

Section § 109.6

Explanation

This law allows for the use of electronic systems to store tax data that would normally appear on paper documents, like an extended roll and abstract list, with permission from certain authorities. If there's no physical record, all necessary information must be entered into the electronic records. This information must be stored in a way that is easily accessible to the public and understandable.

With the consent of the auditor and tax collector and approval of the board of supervisors, data normally appearing on an extended roll and abstract list may be retained in electronic data-processing equipment and no physical document need be prepared.
Notwithstanding any other provisions of this code, where no physical document of the extended roll and abstract list is prepared, all entries required to be made on the extended roll and abstract list shall be entered into the electronic data-processing records.
The data shall be so stored that it can be made readily available to the public in an understandable form.

Section § 110

Explanation

This section explains how to determine the "full cash value" or "fair market value" of property for taxation. It generally means the price it would sell for in a fair market where both buyer and seller know all relevant details about the property's uses and legal restrictions. If a property is sold, the purchase price is presumed to be its market value as long as it was a fair transaction. For complex sales involving multiple parcels, the price is divided based on value. Special rules exclude intangible assets, like business goodwill, from enhancing taxable property value. However, factors like zoning or location, which are directly tied to the property, should be included in the valuation.

(a)CA Revenue & Taxation Code § 110(a) Except as is otherwise provided in Section 110.1, “full cash value” or “fair market value” means the amount of cash or its equivalent that property would bring if exposed for sale in the open market under conditions in which neither buyer nor seller could take advantage of the exigencies of the other, and both the buyer and the seller have knowledge of all of the uses and purposes to which the property is adapted and for which it is capable of being used, and of the enforceable restrictions upon those uses and purposes.
(b)CA Revenue & Taxation Code § 110(b) For purposes of determining the “full cash value” or “fair market value” of real property, other than possessory interests, being appraised upon a purchase, “full cash value” or “fair market value” is the purchase price paid in the transaction unless it is established by a preponderance of the evidence that the real property would not have transferred for that purchase price in an open market transaction. The purchase price shall, however, be rebuttably presumed to be the “full cash value” or “fair market value” if the terms of the transaction were negotiated at arms length between a knowledgeable transferor and transferee neither of which could take advantage of the exigencies of the other. “Purchase price,” as used in this section, means the total consideration provided by the purchaser or on the purchaser’s behalf, valued in money, whether paid in money or otherwise. There is a rebuttable presumption that the value of improvements financed by the proceeds of an assessment resulting in a lien imposed on the property by a public entity is reflected in the total consideration, exclusive of that lien amount, involved in the transaction. This presumption may be overcome if the assessor establishes by a preponderance of the evidence that all or a portion of the value of those improvements is not reflected in that consideration. If a single transaction results in a change in ownership of more than one parcel of real property, the purchase price shall be allocated among those parcels and other assets, if any, transferred based on the relative fair market value of each.
(c)CA Revenue & Taxation Code § 110(c) For real property, other than possessory interests, the change of ownership statement required pursuant to Section 480, 480.1, or 480.2, or the preliminary change of ownership statement required pursuant to Section 480.4, shall give any information as the board shall prescribe relative to whether the terms of the transaction were negotiated at “arms length.” In the event that the transaction includes property other than real property, the change in ownership statement shall give information as the board shall prescribe disclosing the portion of the purchase price that is allocable to all elements of the transaction. If the taxpayer fails to provide the prescribed information, the rebuttable presumption provided by subdivision (b) shall not apply.
(d)CA Revenue & Taxation Code § 110(d) Except as provided in subdivision (e), for purposes of determining the “full cash value” or “fair market value” of any taxable property, all of the following shall apply:
(1)CA Revenue & Taxation Code § 110(d)(1) The value of intangible assets and rights relating to the going concern value of a business using taxable property shall not enhance or be reflected in the value of the taxable property.
(2)CA Revenue & Taxation Code § 110(d)(2) If the principle of unit valuation is used to value properties that are operated as a unit and the unit includes intangible assets and rights, then the fair market value of the taxable property contained within the unit shall be determined by removing from the value of the unit the fair market value of the intangible assets and rights contained within the unit.
(3)CA Revenue & Taxation Code § 110(d)(3) The exclusive nature of a concession, franchise, or similar agreement, whether de jure or de facto, is an intangible asset that shall not enhance the value of taxable property, including real property.
(e)CA Revenue & Taxation Code § 110(e) Taxable property may be assessed and valued by assuming the presence of intangible assets or rights necessary to put the taxable property to beneficial or productive use.
(f)CA Revenue & Taxation Code § 110(f) For purposes of determining the “full cash value” or “fair market value” of real property, intangible attributes of real property shall be reflected in the value of the real property. These intangible attributes of real property include zoning, location, and other attributes that relate directly to the real property involved.

Section § 110.1

Explanation

This law section explains how the 'full cash value' of real property is determined in California, which affects property taxes. The 'full cash value' is essentially the fair market value as of a certain date, which could be either the 1975 lien date or a later date if the property was sold, newly constructed, or changed ownership after that. This value becomes the 'base year value,' but properties under construction don't get a base year value until they are finished. If the value from 1975 isn't accurate or was never properly assessed, a new value can be set by June 1980, or June 1981 for larger counties. For any missed taxes from 1975, the property can be taxed at its 1975 value adjusted for inflation. Periodic reassessments can influence this base year value. The law also includes rules for adjusting property values for inflation after the initial assessment.

(a)CA Revenue & Taxation Code § 110.1(a) For purposes of subdivision (a) of Section 2 of Article XIII A of the California Constitution, “full cash value” of real property, including possessory interests in real property, means the fair market value as determined pursuant to Section 110 for either of the following:
(1)CA Revenue & Taxation Code § 110.1(a)(1) The 1975 lien date.
(2)CA Revenue & Taxation Code § 110.1(a)(2) For property which is purchased, is newly constructed, or changes ownership after the 1975 lien date, either of the following:
(A)CA Revenue & Taxation Code § 110.1(a)(2)(A) The date on which a purchase or change in ownership occurs.
(B)CA Revenue & Taxation Code § 110.1(a)(2)(B) The date on which new construction is completed, and if uncompleted, on the lien date.
(b)CA Revenue & Taxation Code § 110.1(b) The value determined under subdivision (a) shall be known as the base year value for the property. However, uncompleted new construction shall not acquire a base year value until completed, as described in Section 71.
(c)CA Revenue & Taxation Code § 110.1(c) Notwithstanding Section 405.5, for property which was not purchased or newly constructed or has not changed ownership after the 1975 lien date, if the value as shown on the 1975–76 roll is not its 1975 lien date base year value and if the value of that property had not been determined pursuant to a periodic reappraisal under Section 405.5 for the 1975–76 assessment roll, a new 1975 lien date base year value shall be determined at any time until June 30, 1980, and placed on the roll being prepared for the current year; provided, however, that for any county over four million in population the board of supervisors may adopt a resolution granting the assessor of that county until June 30, 1981, the authority to determine those values. Regardless of the foregoing restrictions, property that escaped taxation for 1975 and was not merely underassessed for that year, shall be added to the roll in any year in which the escape is discovered at its 1975 base year value indexed to reflect inflation as provided in subdivision(f). In determining the new base year value for that property, the assessor shall use only those factors and indicia of fair market value actually utilized in appraisals made pursuant to Section 405.5 for the 1975 lien date. The new base year values shall be consistent with the values established by reappraisal for the 1975 lien date of comparable properties which were reappraised pursuant to Section 405.5 for the fiscal year. In the event that determination is made, no escape assessment may be levied and the newly determined “full cash value” shall be placed on the roll for the current year only; provided, however, the preceding shall not prohibit a determination which is made prior to June 30 of a fiscal year from being reflected on the assessment roll for the current fiscal year.
(d)CA Revenue & Taxation Code § 110.1(d) If the value of any real property as shown on the 1975–76 roll was determined pursuant to a periodic appraisal under Section 405.5, that value shall be the 1975 lien date base year value of the property.
(e)CA Revenue & Taxation Code § 110.1(e) As used in subdivisions (c) and (d), a parcel of property shall be presumed to have been appraised for the 1975–76 fiscal year if the assessor’s determination of the value of the property for the 1975–76 fiscal year differed from the value used for purposes of computing the 1974–75 fiscal year tax liability for the property, but the assessor may rebut that presumption by evidence that, notwithstanding the difference in value, that parcel was not appraised pursuant to Section 405.5 for the 1975–76 fiscal year.
(f)CA Revenue & Taxation Code § 110.1(f) For each lien date after the lien date in which the full cash value is determined pursuant to this section, the full cash value of real property, including possessory interests in real property, shall be adjusted by an inflation factor, which shall be determined as provided in subdivision (a) of Section 51.

Section § 110.5

Explanation

The term "full value" refers to the fair market value, or the full cash value of a property. It can also refer to any other value standard that is set by this code or by the Constitution.

“Full value” means fair market value, full cash value, or such other value standard as is prescribed by the Constitution or in this code under the authorization of the Constitution.

Section § 115

Explanation

In legal terms, having an "interest" in property means you either own it outright (legal interest) or have a right to benefit from it (equitable interest).

“Interest” in any property includes any legal or equitable interest.

Section § 116

Explanation

This law clarifies that when the word "map" is used in a legal context, it also refers to or includes a "plat." Basically, a plat is a type of map, generally used in land descriptions and real estate to show divisions or boundaries of land.

“Map” includes plat.

Section § 117

Explanation

The 'lien date' is the set time when taxes for a given fiscal year are officially attached as a legal claim on a property, meaning it is the date that determines when the government has a right to collect property taxes.

“Lien date” is the time when taxes for any fiscal year become a lien on property.

Section § 118

Explanation

The term “assessment year” refers to the time frame that starts on a specific date when a lien is placed and ends just before the next date for another lien by the same tax authority.

“Assessment year” means the period beginning with a lien date and ending immediately prior to the succeeding lien date for taxes levied by the same agency.

Section § 119

Explanation

This law defines the term 'county board' as the county board of supervisors when they are acting in their role as the county board of equalization.

“County board” means the county board of supervisors when sitting as the county board of equalization.

Section § 121

Explanation

This section defines a "taxing agency" as any government body, like the state, counties, and cities. It also includes districts that assess property values to collect taxes or charges based on those values.

“Taxing agency” includes the State, county, and city. “Taxing agency” also includes every district that assesses property for taxation purposes and levies taxes or assessments on the property so assessed.

Section § 122

Explanation

In this context, a 'revenue district' refers to any city or district where county officials are responsible for assessing property and collecting taxes or assessments. Essentially, it's any area covered by county tax authorities.

“Revenue district” includes every city and district for which the county officers assess property and collect taxes or assessments.

Section § 123

Explanation

This section explains what 'defaulted taxes' on a property include. It's the total of two main things: first, any taxes that were due and a claim against the property when it was declared in default; second, any other unpaid taxes from the year of default onward, as noted on the tax records. However, if the property wasn’t assessed in a particular year because it was owned by the state or another public agency (not through a tax sale), those taxes don't need to be paid. For unassessed years, the tax amount is decided based on the property's value at the time of redemption.

“Amount of defaulted taxes” on property means the sum of the following amounts:
(a)CA Revenue & Taxation Code § 123(a) The amount of taxes which were a lien on the real estate at the time of the declaration of default.
(b)CA Revenue & Taxation Code § 123(b) All other unpaid taxes of every description which were a lien on the property for the year of declaration of default and for each year since the declaration of default, as shown on the delinquent rolls for which the time of the declaration of default is past, or, if the property was not assessed for any year, which would be shown on such delinquent roll if it had been assessed in that year; except that the unpaid taxes which would be shown on such delinquent roll if the property had been assessed in any such year shall not be paid if the property was not assessed for any year because of having been acquired by the state or other public agency other than by tax deed. The amount of taxes for any year not assessed shall be based on the valuation required to be made by the assessor on redemption of unassessed property.

Section § 124

Explanation

This law defines 'current taxes' as those taxes that have become a lien on a property but are not counted in the 'amount of defaulted taxes.' However, between the date when taxes become a lien and the time within the same year when the property is declared tax-defaulted, these taxes are not yet considered 'current taxes.'

“Current taxes” means taxes which are a lien on property, but which are not included in “amount of defaulted taxes” except that, between a lien date and the time in the same calendar year when property is declared to be tax-defaulted, the taxes becoming a lien on this lien date in such calendar year are not yet “current taxes.”

Section § 125

Explanation

This law defines the term "current roll" as the official list that includes properties with existing tax liens, meaning taxes are owed on these properties.

“Current roll” means the roll containing the property on which current taxes are a lien.

Section § 126

Explanation

'Tax-defaulted property' is real estate with unpaid taxes that are officially declared in default by the tax collector. This term replaces older terms like 'property tax sold' or 'tax deeded to the state.' It also updates references to state sales and deedings, indicating procedures for selling such properties due to unpaid taxes.

“Tax-defaulted property” is real property which is subject to a lien for taxes which, by operation of law and by declaration of the tax collector, are in default and from which the lien of the taxes for which it was declared tax-defaulted has not been removed. Where used in this division or in any other provision of law,
(a)CA Revenue & Taxation Code § 126(a) Any reference to property tax sold or tax deeded to the state shall refer to tax-defaulted property.
(b)CA Revenue & Taxation Code § 126(b) Any reference to the sale to the state shall refer to the declaration of default.
(c)CA Revenue & Taxation Code § 126(c) Any reference to the deeding to the state shall refer to property which is subject to a power of sale for nonpayment of taxes.

Section § 128

Explanation

This section defines an 'Assessor' as the person responsible for property assessments in a county, regardless of their official job title.

“Assessor” means the assessing officer of a county, by whatever title he may be known.

Section § 129

Explanation

This law defines 'business inventories' as goods meant for sale or lease in the usual business activities. It includes raw materials and items in progress, animals, crops held for sale or lease, and animals used for food or fiber production. It also covers goods held by contractors not yet used in real property.

However, it excludes goods already leased or rented on the lien date, machinery, office equipment unless they are for sale or lease, and any item meant for lease if the lessor used it. It also excludes items that can't be legally sold or leased in California.

“Business inventories” shall include goods intended for sale or lease in the ordinary course of business and shall include raw materials and work in process with respect to such goods. “Business inventories” shall also include animals and crops held primarily for sale or lease, or animals used in the production of food or fiber and feed for such animals.
“Business inventories” shall not include any goods actually leased or rented on the lien date nor shall “business inventories” include business machinery or equipment or office furniture, machines or equipment, except when such property is held for sale or lease in the ordinary course of business. “Business inventories” shall not include any item held for lease which has been or is intended to be used by the lessor prior to or subsequent to the lease. “Business inventories” shall not include goods intended for sale or lease in the ordinary course of business which cannot be legally sold or leased in this state. If goods which cannot be legally sold or leased are not reported by the taxpayer pursuant to Section 441, it shall be conclusively presumed that the value of the goods when discovered is the value of the goods on the preceding lien date.
“Business inventories” shall also include goods held by a licensed contractor and not yet incorporated into real property.

Section § 130

Explanation

This section defines several terms related to vessels and marine activities in California. A "vessel" is any watercraft used for water transportation, except aircraft. A "documented vessel" is one that has a valid marine document or is registered in California, but not one exempt from taxation. A "vessel of the United States" is a documented vessel recognized under U.S. law. The "port of documentation" is the home port listed in a vessel's marine document. "Marine document" refers to official registration and licensing papers. "In this state" refers to the area within California's limits. "Natural resources" include both living and nonliving resources from the sea and seabed. An "oceanographic research vessel" is one certified by the U.S. Coast Guard as such.

(a)CA Revenue & Taxation Code § 130(a) “Vessel” includes every description of watercraft used or capable of being used as a means of transportation on water, but does not include aircraft.
(b)CA Revenue & Taxation Code § 130(b) “Documented vessel” means any vessel which is required to have and does have a valid marine document issued by the Bureau of Customs of the United States or any federal agency successor thereto, except documented yachts of the United States, or is registered with, or licensed by, the Department of Motor Vehicles. “Documented vessel” does not include any vessel exempt from taxation under subdivision (l) of Section 3 of Article XIII of the Constitution of the State of California.
(c)CA Revenue & Taxation Code § 130(c) “Vessel of the United States” means a documented vessel, that is, a vessel registered, enrolled and licensed, or licensed under the laws of the United States, except documented yachts of the United States.
(d)CA Revenue & Taxation Code § 130(d) “Port of documentation” means the home port of a vessel as shown in the marine document in force and issued to the owner of such vessel by the Bureau of Customs of the United States or any federal agency successor thereto.
(e)CA Revenue & Taxation Code § 130(e) “Marine document” includes registry, enrollment and license, and license.
(f)CA Revenue & Taxation Code § 130(f) “In this state” means within the exterior limits of the State of California, and includes all territory within these limits owned by, or ceded to, the United States of America.
(g)CA Revenue & Taxation Code § 130(g) “Natural resources” consist of both the living resources of the sea and the mineral and other nonliving resources of the seabed and subsoil together with living organisms belonging to sedentary species, which are organisms which, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constant physical contact with the seabed or the subsoil.
(h)CA Revenue & Taxation Code § 130(h) “Oceanographic research vessel” means a vessel which the secretary of the department in which the United States Coast Guard is operating, or his successor, finds is an oceanographic research vessel under the laws of the United States.

Section § 134

Explanation

Unsecured property is any property where taxes don't have enough real estate backing to ensure payment, or where property that initially secured the taxes was acquired by a government entity, requiring the taxes to be moved to the unsecured roll.

“Unsecured property” is property:
(a)CA Revenue & Taxation Code § 134(a) The taxes on which are not a lien on real property sufficient, in the opinion of the assessor, to secure payment of the taxes.
(b)CA Revenue & Taxation Code § 134(b) The taxes on which were secured by real property on the lien date and which property was later acquired by the United States, the state, or by any county, city, school district or other public entity and the taxes required to be transferred to the unsecured roll pursuant to Article 5 (commencing with Section 5081) of Chapter 4 of Part 9.

Section § 135

Explanation

This law section explains how the assessed value of property and the tax rate is calculated and adjusted over time in California. Before the 1981-82 fiscal year, assessed value was 25% of the property's full value; afterward, it became 100% of full value. Tax rates were also calculated differently before and after that fiscal year, changing from a fraction of the assessed value to a percentage of the full value. To compare tax rates, assessed values, or property tax revenues from different years on a consistent basis, certain calculations must be applied. Specific conversion factors are provided to ensure that tax rates can be compared consistently, regardless of the year or initial method of calculation.

(a)CA Revenue & Taxation Code § 135(a) “Assessed value” shall mean 25 percent of full value to and including the 1980–81 fiscal year, and shall mean 100 percent of full value for the 1981–82 fiscal year and fiscal years thereafter.
(b)CA Revenue & Taxation Code § 135(b) “Tax rate” shall mean a rate based on a 25 percent assessment ratio and expressed as dollars, or fractions thereof, for each one hundred dollars ($100) of assessed valuation to and including the 1980–81 fiscal year, and shall mean a rate expressed as a percentage of full value for the 1981–82 fiscal year and fiscal years thereafter.
(c)CA Revenue & Taxation Code § 135(c) Whenever this code requires comparison of assessed values, tax rates or property tax revenues for different years, the assessment ratios and tax rates shall be adjusted as necessary so that the comparisons are made on the same basis and the same amount of tax revenues would be produced or the same relative value of an exemption or subvention will be realized regardless of the method of expressing tax rates or the assessment ratio utilized.
(d)CA Revenue & Taxation Code § 135(d) For purposes of expressing tax rates on the same basis, a tax rate based on a 25 percent assessment ratio and expressed in dollars, or fractions thereof, for each one hundred dollars ($100) of assessed value may be multiplied by a conversion factor of twenty-five hundredths of 1 percent to determine a rate comparable to a rate expressed as a percentage of full value; and, a rate expressed as a percentage of full value may be multiplied by a factor of 400 to determine a rate comparable to a rate expressed in dollars, or fractions thereof, for each one hundred dollars ($100) of assessed value and based on a 25 percent assessment ratio.

Section § 136

Explanation

When taxes or assessments are officially recorded, they must follow all the rules in this division, regardless of what any other law says.

Whenever any taxes or assessments are entered on the roll under any provision of law, such taxes or assessments shall, notwithstanding any other provision of law to the contrary, be subject to all provions of this division.