Opinion

McMahen v. Hargett

  • 252 Ark. 239
  • 478 S.W.2d 43
  • 1972 Ark. LEXIS 1578
Court
Supreme Court of Arkansas
Filed
Mar 27, 1972
Status
Published
Author
Fogleman
On the bench
Fogleman, Harris, Holt, That
Cited by
2 cases
Authority
More cited than 1.5%

The opinion

John A. Fogleman, Justice, dissenting. I do not agree that either the Arkansas Statutes or due process requirements make necessary a notice to the owner of a tax assessor’s assessment of property which has not been assessed by the owner, as required by statute.

The argument that the owner’s failure to assess is a voluntary assessment at the values fixed for the preceding year is without any support in law.

The assessor is required to file a report of his assessment by a specified time. Ark. Stat. Ann. § 84-447 (Repl. 1960). An owner has a right of appeal from this report to the Board of Equalization. Ark. Stat. Ann. § 84-708 (Repl. 1960). We said in Dierks Forest v. Shell, 240 Ark. 966 , 403 S.W. 2d 83 , that opportunity for judicial review provided by our laws met federal constitutional requirements.

This is quite a different matter from an effort to assess property claimed by the taxpayer to be exempt, where the assessor’s action was final and not appealable or reviewable.

I am authorized to state that Mr. Chief Justice Harris joins in this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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