Mineral Property Resources
The following resources provide information and guidance on the Mineral Property Survey Topic.
California Constitution Code
Article | Title |
---|---|
Article XIII §10 | Taxation |
Article XIII A | Tax Limitation |
Government Code
Article | Title |
---|---|
27360-27388.2 | Fees |
Revenue and Taxation Code
Section | Title |
---|---|
60-69.6 | Change in Ownership and Purchase |
75.10-75.15 | Assessments on the Supplemental Roll |
101-136 | Construction |
401-409 | General Requirements |
421-430.5 | Valuation of Open-Space Land Subject to an Enforceable Restriction |
601-623 | Assessment Roll |
Property Tax Rules
The BOE is mandated to prescribe rules and regulations to govern local boards of equalization when equalizing and Assessors when assessing in compliance with the rulemaking procedures adopted by the California Office of Administrative Law. Pursuant to that mandate, the BOE has adopted various Property Tax Rules which are contained in Title 18 of the California Code of Regulations.
The following Property Tax Rules pertain to mineral property.
Rule | Title |
---|---|
8 | The Income Approach to Value |
20 | Taxable Possessory Interests |
21 | Taxable Possessory Interests — Valuation |
27 | Valuation of Possessory Interests for the Production of Hydrocarbons |
28 | Examples of Taxable Possessory Interests |
121 | Land |
124 | Examples |
468 | Oil and Gas Producing Properties |
469 | Mining Properties |
473 | Geothermal Properties |
Assessors' Handbook (AH)
The AH is a series of manuals developed by the staff of the Board of Equalization (BOE) in an open process. The objective of the AH is to give Assessors, their staff, and other interested parties an understanding of the principles of property assessment and real and personal property appraisal for property tax purposes. Additionally, the AH presents the BOE staff's interpretation of rules, laws, and court decisions on property assessment.
In attempting to relate the advice or guidance provided in the AH, care must be taken to ensure that the advice has not been superseded by subsequent legislative or administrative action, court decisions, or reconsideration of staff's position. Following advice provided in the AH is not reasonable reliance upon written advice for purpose of obtaining relief from a failure to pay tax, interest, and/or penalty. In any instance where there is an inconsistency between a statute or regulation and an AH section, statutory or regulatory law is controlling.
The following AH sections pertains to procedural issues involving mineral property.
Section | Title |
---|---|
560 | Assessment of Mining Properties |
566 | Assessment of Petroleum Properties |
Letters To Assessors (LTAs)
LTAs provide an ongoing advisory service for Assessors and other interested parties. The letters present BOE staff's interpretation of rules, laws, and court decisions on property tax assessment.
The following LTAs pertain to procedural issues involving mineral property.
Letter to Assessor | Title |
---|---|
79/196 | Information Regarding Assessment of Mineral Properties |
80/09 | Information Regarding the Assessment of Petroleum Properties |
80/121 | Opinion No. 80-322 |
81/15 | Information Regarding the Assessment of Petroleum and Gas Producing Properties |
81/95 | Valuation of Wells Under Construction on the Lien Date |
82/77 | Assessment of Possessory Interests in Undeveloped Mineral Rights Contrasted with Short-Term Possessory Interest Assessment |
84/44 | Production of Methane Gas from Landfill Operations |
85/99 | Minimum Assessments and the Use of Multipliers in Appraisal of Marginal Producing Petroleum Property |
85/126 | Chapter 186 of the Statutes of 1985, Assembly Bill 312 |
87/40 | Assessment of Dry Hole Wells |
87/100 | Assessment of Mineral Properties |
91/62 | Mining Property Stockpiled Ore |
92/52 | Use of Royalties to Determine Economic Lives of Petroleum Properties |
93/64 | Federal Law Changes Affecting Unpatented Mining Claims |
96/52 | Chapter 491 (SB 821), Chapter 497 (SB 722), Chapter 527 (SB 716), Statutes of 1995 |
2014/043 | Effective Administrative Practices — Mining Properties |
2018/044 | California Code of Regulations Title 18, Public Revenues, Property Tax Rule 469 |
Annotated Legal Opinions
Annotated legal opinions are summaries of the conclusions reached in selected legal rulings of California State Board of Equalization counsel.
The following legal opinions pertain to questions involving mineral property.
Annotated Legal Opinion | Title |
---|---|
590.0020-590.0040 | Mines and Minerals |