erected upon or affixed to the land, except telephone and telegraph lines. 2. All fruit, nut-bearing, or ornamental trees and vines, not of natural growth, excepting fruit and nut-bearing trees under four years of age, and grapevines under three years of age. 3. Alfalfa, after the first year's planting. Fourth-The term "personal property" includes everything which is the subject of ownership, not included within the meaning of the term "real estate" or "improvements." Fifth-The term "value" and "full cash value" mean the amount at which the property would be taken in payment of a just debt from a solvent debtor. Sirth-The term "credits" means those solvent debts, not secured by mortgage or trust deed, owing to the person, firm, corporation, or association assessed. The term "debt" means those unsecured liabilities owing by the person, firm, corporation, or association assessed to bona fide residents of this state, or firms, associations or corporations doing business therein; but credits, claims, debts, and demands due, owing or accruing for or on account of money deposited with savings and loan corporations or with building and loan associations, shall, for the purpose of taxation be deemed and treated as an interest in the property of such corporation, and shall not be assessed to the creditor or owner thereof. Amended April 15, 1909; stats. 1909, p. 919; in effect in sixty days. 58 Cal. 146; 62 Cal. 115; 65 Cal. 460; 83 Cal. 449; 97 Cal. 220; 104 Cal. 622; 109 Cal. 398, 402; 113 Cal. 400; 121 Cal. 384; 128 Cal. 596; 137 Cal. 514; 142 Cal. 290; 144 Cal. 153; 148 Cal. 326; 149 Cal. 585, 666; 153 Cal. 562, 569; XXXVII Cal. Dec. 159, 160, 318, 319, 321; VIII Cal. App. Dec. 317. See, also, Pol. C. § 3607 et seq. Assessment: See Pol. C. § 3627 et seq. See, also, Constitution of California, art. XIII, § 1. SEC. 3627. 3628. 3629. 3630. 3641. CHAPTER III. ASSESSMENT OF PROPERTY. Property, how assessed. Franchises. Other taxable property. Contents of statement required by assessor. Blank forms of statement, and affidavit therefor. situated. 3643. Ferries and toll bridges, where assessed. 3663. 3664. where Assessment. of water ditches, toll roads and telegraph lines. Agent of corporation, statement by to state board of Assessment of railway franchises and properties. County rate of taxation and notice to controller. 3665. 3666. 3667. 3668. 3669. Certain taxes to be. paid state treasurer. 3670. Controller to sue for delinquent taxes. 3671. Basis of taxation for counties. Property, how assessed. § 3627. All taxable property must be assessed at its full cash value. Land and improvements thereon shall be separately assessed. Cultivated and uncultivated land, of the same quality, and similarly situated, shall be assessed at the same value. A mortgage, deed of trust, contract, or other obligation by which a debt is secured, shall, for the purposes of assessment and taxation, be deemed and treated as an interest in the property affected thereby, except as to railroad and other quasi-public corporations. In case of debts so secured, the value of the property affected by such mortgage, deed of trust, contract, or obligation, less the value of such security, shall be assessed and taxed to the owner of the property, and the value of such security shall be assessed and taxed to the owner thereof, in the county, city, or district in which the property affected thereby is situated. The taxes so levied shall be a lien upon the property and security, and may be paid by either party to such security; if paid by the owner of the security, the tax so levied upon the property affected thereby shall become a part of the debt so secured. If the owner of the property shall pay the tax so levied on such security, it shall constitute a payment thereon, and, to the extent of such payment, a full discharge thereof. If any such security or indebtedness shall be paid by any such debtor or debtors after assessment, and before the tax levy, the amount of such levy may likewise be retained by such debtor or debtors, and shall be computed according to the tax levy for the preceding year. The parties to any contract of loan or to any mortgage, deed of trust or other lien securing any obligation, shall nevertheless have the right to provide by contract that the debtor shall pay all or any taxes or assessments on the money loaned or on the mortgage, deed of trust, or other lien, or on the property thereby covered or the obligation thereby secured, and such contract shall be valid and constitute a waiver by the debtor of all right to treat the payment of such tax or assessment as a payment on the amount loaned or secured or as being to any extent a discharge thereof. Amended March 19, 1907; stats. 1907, p. 688. 67 Cal. 87; 68 Cal. 499; 72 Cal. 36; 83 Cal. 449; 96 Cal. 635; 120 Cal. 340; 121 Cal. 384; 145 Cal. 55; 149 Cal. 585; 153 Cal. 562, 569, 615; XXXVII Cal. Dec. 319. NOTE.- 3627. Amended by striking out of the section as it formerly stood the words "and every contract by which a debtor is obliged to pay any tax or assessment on money loaned, or on any mortgage, deed of trust, or other lien, shall, as to any interest specified therein and as to such tax or assessment, be null and void," and adding in lieu thereof the last sentence now (1907) contained in the section, so as to give effect to the intent of the amendment to article XIII of the Constitution, adopted June 12, 1906 (Stats. 1906, p. 90) and ratified by the people at the general election held in November, 1906. Definitions: See Pol. C. § 3617. Revenue and taxation, generally: See, also, Constitution of California, art. XIII. Franchises-Other taxable property. § 3628. The franchise, roadway, roadbed, rails, and rolling stock of all railroads operated in more than one county in this state shall be assessed by the state board of equalization, as hereinafter provided for. Other franchises, if granted by the authorities of a county, city, or city and county, must be assessed in the county, city, or city and county within which they were granted; if granted by any other authority they must be assessed in the county in which the corporations, firms, or persons own All ing or holding them have their principal place of business. other taxable property shall be assessed in the county, city, or city and county, town, township, or district in which it is situated. Land shall be assessed in parcels or subdivisions not exceeding six hundred and forty acres each; and tracts of land containing more than six hundred and forty acres, which have been sectionized by the United States government, shall be assessed by sections or fractions of sections. Lands sold by the state for which no patent has been issued shall be assessed the same as other lands, but the owner shall be entitled to a deduction from such assessed valuation in the amount due the state as principal upon the purchase price. The assessor must, between the first Mondays in March and July of each year, ascertain the names of all taxable inhabitants, and all the property in his county subject to taxation, except such as is required to be assessed by the state board of equalization, and must assess such property to the persons by whom it was owned or claimed, or in whose possession or control it was, at twelve o'clock meridian, of the first Monday in March next preceding; but no mistake in the name of the owner or supposed owner of real property shall render the assessment thereof invalid. In assessing solvent credits, not secured by mortgage or trust deed, a reduction therefrom shall be made of debts due to bona fide residents of this state. Amended March 28, 1895; stats. 1895, p. 311. 53 Cal. 666; 55 Cal. 367; 58 Cal. 137; 63 Cal. 527; 66 Cal. 19; 68 Cal. 561; 69 Cal. 539; 84 Cal. 302; 86 Cal. 124; 87 Cal. 502; 90 Cal. 465; 93 Cal. 473; 96 Cal. 636; 99 Cal. 38, 675; 121 Cal. 660; 129 Cal. 95; 130 Cal. 131; 131 Cal. 82, 359; 139 Cal. 523; 143 Cal. 432; 146 Cal. 536; 148 Cal. 315, 316, 323, 326, 329, 330, 331, 332; 151 Cal. 618; XXXVII Cal. Dec. 159, 319; 2 Cal. App. 431; 3 Cal. App. 620, 621; 6 Cal. App. 182; XII Cal. App. Dec. 33. Franchises subject to taxation: See Pol. C. § 3617, subd. 1. Railroad property, assessment of: See Constitution of California, art. XIII, § 10. As to the manner of assessing railroads: See Pol. C. §§ 3664, 3665. Assessed in name of firm or corporation: See Pol. C. § 3641. Contents of statement required by assessor. § 3629. He must exact from each person a statement, under oath, setting forth specifically all the real and personal property owned by such person, or in his possession, or under his control, at twelve o'clock M. on the first Monday in March. Such statement shall be in writing, showing separately: 1. All property belonging to, claimed by, or in the possession or under the control or management of such person; 2. All property belonging to, claimed by, or in the possession or under the control or management of any firm of which such person is a member; 3. All property belonging to, claimed by, or in the possession or under the control or management of any corporation of which such person is president, secretary, cashier, or managing agent; 4. The county in which such property is situated, or in which it is liable to taxation, and (if liable to taxation in the county in which the statement is made) also the city, town, township, school district, road district, or other revenue districts in which it is situated; 5. An exact description of all lands, in parcels or subdivisions, not exceeding six hundred and forty acres each, and the sections and fractional sections of all tracts of land containing more than six hundred and forty acres, which have been sectionized by the United States government, improvements and personal property, including all vessels, steamers, and other water craft; and all taxable state, county, city, or other municipal or public bonds, and the taxable bonds of any person, firm, or corporation, and deposits of money, gold dust, or other valuables, and the names of the persons with whom such deposits are made, and the places in which they may be found; all mortgages, deeds of trust, contracts, and other obligations by which a debt is secured, and the property in the county affected thereby ; 6. All solvent credits, unsecured by deed of trust, mortgage, or other lien on real or personal property, due or owing to such person, or any firm of which he is a member, or due or owing to any corporation of which he is president, secretary, cashier, or managing agent, deducting from the sum total of such credits such debts only, unsecured by trust deed, mortgage, or other lien on real or personal property, as may be owing by such person, firm, or corporation to bona fide residents of this state. |