Opinion

Arkansas Public Service Commission v. Pulaski County Board of Equalization

  • 266 Ark. 64
  • 582 S.W.2d 942
  • 1979 Ark. LEXIS 1421
Court
Supreme Court of Arkansas
Filed
Jun 25, 1979
Status
Published
Author
Byrd
On the bench
Harris, Byrd, Fogleman, Hickman
Cited by
31 cases

holding that state constitution required assessment of property on basis of current market value and ordering statewide reassessment

How later courts described this case

  • holding that state constitution required assessment of property on basis of current market value and ordering statewide reassessment
  • holding the preparation of a libelous credit report to be inherently undiscoverable

Written by the judges who cited it.

The opinion

Conley Byrd, Justice, concurring. I concur in the result that Act 411 of 1973 and Act 188 or 1969 are unconstitutional. However, I do not agree that the term “value” in Art. 16, § 5 of the Constitution of Arkansas must be construed to mean “market value.” The State could elect to tax all property according to its use and still comply with Art. 16, § 5, supra. However, the State cannot tax some properties at “market value” and other property at “use value” and still comply with Art. 16, § 5 because such a system inevitably results in some species of property being taxed higher than other species of property of the same value.

For the reasons herein stated, I concur only in the result.

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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