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<br />57-12-05. Requirements to be followed in equalization of individual assessments. <br />The county board of equalization, when equalizing individual assessments, shall observe the <br />following rules: <br /> <br />1. The valuation of each tract or lot of real property which is returned below its true and <br />full value must be raised to the sum believed by such board to be the true and full <br />value thereof. <br /> <br />2. The valuation of each tract or lot of real property which, in the opinion of the board, is <br />returned above its true and full value must be reduced to such sum as is believed to <br />be the true and full value thereof. <br /> <br />57-12-06. Requirements to be followed in equalizing between assessment districts <br />and in equalizing between property owners. <br /> <br />1. The rules prescribed in section 57-12-05 apply when the board of county <br />commissioners is equalizing assessments between the several assessment and <br />taxing districts in the county provided that in such case, except as otherwise <br />provided in subsection 2, the board may raise or lower the valuation of classes of <br />property only so as to equalize the assessments as between districts. <br /> <br />2. Notwithstanding any other provision of this section: <br /> <br />a. The county board of equalization after notice to the local board of equalization <br />may reduce the assessment on any separate piece or parcel of real estate <br />even though such property was assessed in a city or township having a local <br />board of equalization; provided, that the county board of equalization does not <br />have authority to reduce any such assessment unless the owner of the property <br />or the person to whom it was assessed first appeals to the county board of <br />equalization, either by appearing personally or by a representative before the <br />board or by mail or other communication to the board, in which the owner's <br />reasons for asking for the reduction are made known to the board. The <br />proceedings of the board shall show the manner in which the appeal was made <br />known to the board and the reasons for granting any reduction in any such <br />assessment. <br /> <br />b. The county board of equalization after notice to the local board of equalization <br />may increase the assessment on any separate piece or parcel of real property <br />even though such property was assessed in a city or township having a local <br />board of equalization; provided, that the county board of equalization does not <br />have authority to increase any such assessment unless it first gives notice by <br />mail to the owner of the property that such person may appear before the board <br />on the date designated in the notice, which date must be at least five days after <br />the mailing of the notice. The county auditor as clerk of the board shall send <br />such notice to the person or persons concerned. <br /> <br />c. If the county board of equalization during the course of its equalization sessions <br />determines that any property of any person has been listed and assessed in the <br />wrong classification, it shall direct the county auditor to correct the listing so as <br />to include such assessment in the correct classification. <br /> <br />3. The owner of any separate piece or parcel of real estate that has been assessed <br />may appeal the assessment thereon to the state board of equalization as provided in <br />subdivision a of subsection 3 of section 57-13-04; provided, however, that such <br />owner has first appealed the assessment to the local equalization board of the taxing <br />district in which the property was assessed and to the county board of equalization <br />of the county in which the property was assessed. <br /> <br />Page No. 2 <br />