Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2012
 

Revenue and Taxation Code

Property Taxation

Part 1. General Provisions

CHAPTER 6. Earthquake and Fire Disaster Relief

Section 197

197. Definitions. As used in this chapter:

(a) "Eligible county" means a county which meets both of the following requirements:

(1) Has been proclaimed by the Governor to be in a state of disaster as a result of the earthquake and aftershocks which occurred in California during October 1989.

(2) Has adopted an ordinance providing property tax relief for earthquake, aftershock, and fire disaster victims as provided in Section 170.

(b) "Eligible property" means real property and any manufactured home, including any new construction which was completed or any change in ownership which occurred prior to October 17, 1989, which meets both of the following requirements:

(1) Is located in an eligible county.

(2) Has sustained substantial disaster damage due to the earthquake or aftershocks occurring during 1989, which earthquake and aftershocks resulted in the issuance of disaster proclamations by the Governor.

"Eligible property" does not include any real property or any manufactured home, whether or not it otherwise qualifies as eligible property, if that real property or manufactured home was purchased or otherwise acquired by a claimant for relief under this chapter after October 17, 1989.

(c) "Substantial disaster damage," as to real property located in a county declared to be a disaster by the Governor as a result of the earthquake and aftershocks occurring in October 1989, means, with respect to real property and any manufactured home which has received the homeowners' exemption or is eligible for the exemption as of March 1, 1989, damage amounting to at least 10 percent of its fair market value or five thousand dollars ($5,000), whichever is less; and, with respect to other property, damage to the parcel of at least 20 percent of its fair market value immediately preceding the disaster causing the damage.

(d) "Fair market value" means "full cash value" or "fair market value" as defined in Section 110.

(e) "Property tax deferral claim" means a claim filed by the owner of eligible property in conjunction with or in addition to the filing of an application for reassessment of that property pursuant to Section 170, which enables the owner to defer payment of the December 10, 1989, installment of taxes on property on the regular secured roll for the 1989–90 fiscal year, as provided in Section 197.1, or to defer payment of taxes on property on the supplemental roll for the 1989–90 fiscal year, as provided in Section 197.9.

History.—Added by Stats. 1987, Ch. 6X (first extra session), in effect November 16, 1987. Stats. 1989, Ch. 15X, (first extra session), in effect November 7, 1989, substituted "California during October 1989" for "October 1987 in the Counties of Los Angeles and Orange or as a result of the fires which occurred in 1987 in this state" after "occurred in" in paragraph (1) of subdivision (a); substituted "October 17, 1989" for "October 1, 1987" after "prior to" in subdivision (b); deleted "fires occurring in this state in 1987 or due to the" after "due to the", substituted "1989" for "1987" after "during", deleted "fires," after "1989, which" and a comma after "which earthquake" in the first paragraph, and substituted "October 17, 1989" for "October 1, 1987" after "chapter after" in the second paragraph of paragraph (2) of subdivision (b); substituted "in" for "on" after "occurring"; substituted "October 1989" for "October 1, 1987" after "occurring in", "March 1, 1989" for "March 1, 1987" after "exemption as of", and deleted the former second paragraph in subdivision (c); and substituted "December 10, 1989" for "December 10, 1987" after "payment of the" and substituted "1989–90" for "1987–88" after "roll for the", in both places in subdivision (e). Stats. 2002, Ch. 775 (SB 2092), in effect January 1, 2003, substituted "manufactured home" for "mobilehome" throughout the text.