AN ACT to amend Tennessee Code Annotated, Title 67, Chapter 5, Part 6, relative to property damaged by disaster.
One of the significant impacts of SB0431 is its retroactive measure that would take effect as of January 1, 2024. This would allow property owners in Tennessee to have a fairer assessment of their properties in light of significant damages incurred during declared disasters. By adjusting assessments based on damage assessments rather than the state of the property at a fixed date, it seeks to alleviate the financial burden on property owners while also ensuring that the state’s taxing policies reflect current realities after disasters.
Senate Bill 431, known as SB0431, aims to amend various provisions in Tennessee Code Annotated related to property damaged by disasters. The bill specifically concerns the assessment of property that has been moved, demolished, destroyed, or substantially damaged due to events like fires, floods, or other disasters occurring between September 1 and December 31 of any year. It proposes that if such damage occurs, the property assessor shall correct the assessment to reflect the post-damage value of the property, irrespective of its condition on the standard assessment date of January 1. This adjustment is aimed at providing some retroactive relief for property owners affected by disasters.
However, the bill has sparked debate regarding its provisions that require local governing bodies to approve the application of this assessment relief by a two-thirds vote following a presidential disaster declaration. Critics argue that this could lead to inconsistencies and delays in accessing much-needed tax relief for affected property owners, particularly in smaller communities that might struggle with the voting requirements. Supporters, on the other hand, maintain that this oversight is necessary to ensure local governance is preserved in responding to disaster relief measures.