Lands held in large tracts shall not be assessed for taxation at any lower value per acre then [than] lands of the same character or quality and similarly situated, held in smaller tracts. The plowing of land shall not be considered as adding value thereto for the purpose of taxation. (As amended November 3, 1914.)

ANNOTATIONS

Bracketed material. — The bracketed word "than" was inserted by the compiler although the word "then" appears in the enrolled law. However, the correct wording appeared in Section 12 of this article in the original constitution, which was renumbered as this section by the 1914 amendment.

The 1914 amendment, which was proposed by J.R. No. 10 (Laws 1913) and was adopted at the general election held on November 3, 1914, with a vote of 18,468 for and 13,593 against, substituted the present section, which formerly was Section 12 of this article for former Section 6 which, prior to amendment, read: "The legislature shall have no power to release or discharge any county, city, town, school district or other municipal corporation or subdivision of the state, from its proportionate share of taxes levied for any purpose." See also compiler's note to N.M. Const., art. VIII, § 8.

Cross references. — For valuation of property, see 7-36-1 et seq. NMSA 1978.

Courts may not reclassify, revalue or reassess property. — Neither supreme court nor the district court may reclassify, revalue or reassess property, improperly classified by taxing officials, and consequently, assess at an excessive valuation. Gerner v. State Tax Comm'n, 1963-NMSC-022, 71 N.M. 385, 378 P.2d 619.

Valuations to be established and taxes levied by some standard. — To have uniformity and equality in a form of tax, the valuations must be established by some standard, and after valuations are fixed, the taxes based upon such valuations must be levied by a standard. It is only thus that each taxpayer may bear his fair share of the burden of government. Gerner v. State Tax Comm'n, 1963-NMSC-022, 71 N.M. 385, 378 P.2d 619. See also N.M. Const., art. VIII, § 1, and notes thereto.

Assessment not to be premised upon hypothetical or speculative values. — Classification or assessment of property for tax purposes, premised upon hypothetical or speculative values believed, ultimately or at some later time, to be, or become, the true market value of such land, cannot legitimately be the basis of determining its value. Gerner v. State Tax Comm'n, 1963-NMSC-022, 71 N.M. 385, 378 P.2d 619.

Valuation held excessive and discriminatory. — Classification and valuation of property suitable for grazing purposes at 10 times the valuation of other property of the same character and quality and similarly situated because of its classification as lots held for speculation for oil or other purposes, absent any evidence of such speculative purposes, was so excessive and discriminatory as to entitle taxpayer to relief, despite fact that some other owners of like tracts were similarly assessed or that these lands, while similar to grazing lands, were not actually used for grazing purposes. Gerner v. State Tax Comm'n, 1963-NMSC-022, 71 N.M. 385, 378 P.2d 619.

Valuation of farming land higher than grazing land permissible. — There is nothing to prohibit the valuation of farming land at a higher rate than grazing land. 1920 Op. Att'y Gen. No. 20-2743.

If the taxing authorities reasonably find that land which is farmed under the dry-farming method is of greater value than grazing lands in the vicinity, a greater assessed valuation would be legal. 1921 Op. Att'y Gen. No. 21-3172.

Seed planting and harrowing affect value. — Although the mere plowing of land does not affect its value, cultivation, seed planting and harrowing does. 1922 Op. Att'y Gen. No. 22-3383.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 71 Am. Jur. 2d State and Local Taxation §§ 759 to 769.

Corporate property, assessment of, at full value when valuations generally are illegally fixed lower, 3 A.L.R. 1370, 28 A.L.R. 983, 55 A.L.R. 503.

Prospective value as basis for valuation of land for purposes of property taxation, 24 A.L.R. 649.

Additional tax levy necessitated by failure of some property owners to pay their proportions of original levy as violating requirement of uniformity, 79 A.L.R. 1157.

Leasehold interest, method or rule for valuation of, 84 A.L.R. 1310.

Original cost of construction or reproduction cost as factors in assessing real property, 104 A.L.R. 790.

Appurtenant rights, easements, restrictions or charges in respect of land as factors in taxation, 108 A.L.R. 829.

Easement as factor in property taxation, 134 A.L.R. 963.

Flowage rights as factor in property taxation, 134 A.L.R. 963.

Price paid or received by taxpayer for property as evidence of its value for tax purposes, 160 A.L.R. 684.

84 C.J.S. Taxation § 411.