Gifford-Hill & Company v. Wise County Appraisal District and Wise County Appraisal Review Board - Supreme Court of Texas No. D-0201

Gifford-Hill & Company v. Wise County Appraisal District and Wise County Appraisal Review Board

By Supreme Court of Texas No. D-0201

  • Release Date - Published: 1991-12-04
  • Book Genre: Law
  • Author: Supreme Court of Texas No. D-0201
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Gifford-Hill & Company v. Wise County Appraisal District and Wise County Appraisal Review Board Supreme Court of Texas No. D-0201 read online review & book description:

This is an ad valorem tax case. It involves the assessment of ad valorem taxes against limestone rock and the surface above the rock, and addresses whether limestone is a ""mineral in place"" or a ""mine or quarry"" under the Texas Tax Code. In 1987, Wise County Appraisal District created a new category of taxable property entitled ""rock reserve"" by separating the value of Gifford-Hill & Company, Inc.'s limestone from the value of its surface which qualified as ""open-space"" land. The surface was appraised based upon its productive capacity as agricultural land; however, the limestone was appraised based upon the income that it would generate upon extraction. Gifford-Hill & Company, Inc. contested the separate appraisal of its limestone. The district court held, however, that the limestone could be classified as ""land,"" a ""mine or quarry"" and as a ""mineral in place"" for ad valorem tax purposes. The court of appeals affirmed. 791 S.W.2d 576. We reverse the judgment of the court of appeals and remand the cause to the trial court for further proceedings. I.

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