SOUTH CAROLINA 



"65-1621. RETURNS OF TIMBER, ETC.; 

 CONSIDERED REALTY. 



Any person owning any deed, lease or con- 

 tract whereby timber or timber rights are con- 

 veyed to him on lands in the State shall, at the 

 time fixed by law for making annual returns 

 of personal property for the purpose of taxa- 

 tion, return for taxation the value of such deed, 

 lease or contract in the county in which the 

 timber covered by such deed, lease or contract 

 stands or is situated and not in the county of 

 the domicile or principal place of business of 

 such person, and for the purpose of §65-1621 to 

 65-1623 such deed, lease or contract covering 

 timber or timber rights shall have the character 

 of and be considered real and not personal prop- 

 erty, except that returns thereof shall be made 

 annually, instead of once in four years. 

 "65-1622. ENTRY OF SUCH TIMBER 

 RIGHTS ON TAX BOOKS. 



The value of any such deed, lease or contract 

 so required to be returned shall be entered upon 

 the tax books of such county and shall be sub- 



ject to all statutory and other provisions relat- 

 ing to the return, assessment, equalization and 

 taxation of real property and the collection of 

 taxes thereon in this State, except that returns 

 thereof shall be made annually instead of once 

 in four years. 



"65-1623. SEPARATE RETURNS OF EACH 

 DEED, ETC.; OF TIMBER NOT REQUIRED. 

 Sections 65-1621 to 65-1623 shall not be con- 

 strued as to require any such person owning 

 more than one such deed, lease or contract to 

 return the value of each separately, but it shall 

 be a sufficient compliance with the requirements 

 of said sections for the value of all such deeds, 

 leases or contracts to be returned collectively, 

 in the proper county, or counties, as designated 

 by said sections. But if any such deed, lease or 

 contract covers timber or timber rights in more 

 that one county, the value of such deed, lease or 

 contract shall be prorated between or among 

 such counties, with relation to the value thereof, 

 in each county." 



Code of Laws for 1962 as amended. 



SOUTH DAKOTA 



". . . It shall be the duty of the assessor to 

 determine and report each year the acreage of 

 timber within his district. Such report shall 

 indicate separately the acreage of natural and 

 cultivated or planted forests averaging four 

 feet over in height, and shall also specify the 

 kind of trees. Such data shall be taken and re- 

 ported by the assessor without extra compensa- 

 tion . . ." 



South Dakota Code, Sec. 57.0308 



"Real property for the purpose of taxation 

 shall be construed to include the land itself . . . 

 trees or other fixtures of whatsoever kind 

 thereon. . . . Trees planted under the Timber 

 Culture Act of Congress shall not be considered 

 as improvement on land for the purpose of 

 taxation." 



South Dakota Code, Sec. 57.0312 

 "Forest land from which the usable timber 

 has been removed is 'agricultural land' within 

 the statute, although only a small portion of it 

 could be cultivated." 



Attorney General's Opinion 



May 27, 1940. 



Lands from which trees are harvested for 

 pulpwood or posts are assessed on the basis of 

 market value with the timber value added to 

 that of the land. Factors considered by assessors 

 are terrain, grazing value of the land itself, 

 distance to market and size of timber. 



Letter from Division of Taxation 



Dept. of Revenue 



Jan. 4, 1966. 



TENNESSEE 



"All mineral and timber interests and all 

 other interests of whatsoever character, whether 

 for life or a term of years, in real estate, . . . 

 which said interest or interests is or are owned 

 separate from the general freehold, shall be as- 

 sessed to the owner thereof, separately from 



the other interests in such real estate, which 

 other interest shall be assessed to the owner 

 thereof, all of which shall be assessed as real 

 estate. 



"It shall be the duty of the . . . State Forester, 

 when called upon to do so by the Commissioner 



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