Gac liquidating trust dating in the country
The Trust presently owns 10,140 acres at River Ranch consisting of 8,112 one-and-one-quarter acre lots which are scattered and noncontiguous, giving a checkerboard appearance to the Trust property. There are no utilities, dedicated roadways or other improvements serving the lots.
Shepherd, General Counsel, Tampa, for Appellant Rob Turner. Turner argues that the trial court's decision results in an unconstitutional application of the statute. In addition, the language of the statute itself specifically requires only the consideration of the enumerated factors, not their application. However, the trial court's reading of the statute renders subsections (1) and (8) redundant.
When the net proceeds of the sale of any property are utilized, directly or indirectly, in the determination of just valuation of realty of the sold parcel or any other parcel under the provisions of this section, the property appraiser, for the purposes of such determination, shall exclude any portion of such net proceeds attributable to payments for household furnishings or other items of personal property. From its title, it is clear that section 193.011 requires only that the property appraiser consider the listed factors-not that he necessarily apply them. State, 406 So.2d 1089, 1092 (Fla.1981) (holding that a statute's title can assist in determining legislative intent). Second, all of the statute's subsections must be read together in order to determine the statute's meaning, and the statute should be read so as to give meaning to each of the subsections. Longboat Key Beach Erosion Control Dist., 604 So.2d 452, 455 (Fla.1992).
These costs included 15 percent of the sales price for sales commissions, and an additional 5 percent of the sales price for advertising, warranties, delivery, installation, and product demonstration.
The trial court agreed with Tokai, and reduced its assessment to the market value of the equipment as calculated by Tokai's expert. Tokai's expert also testified that, in her opinion, the assessment of Tokai's equipment should be further reduced from the market value to reflect certain costs of sale.
Aliff, Assistant Attorneys General, Tallahassee, for Appellant Larry Fuchs. The Florida Constitution requires that “regulations shall be prescribed which shall secure a just valuation of all property for ad valorem taxation․” Art. The applicable governmental body or agency or the Governor shall notify the property appraiser in writing of any executive order, ordinance, regulation, resolution, or proclamation it adopts imposing any such limitation, regulation, or moratorium;(3) The location of said property;(4) The quantity or size of said property;(5) The cost of said property and the present replacement value of any improvements thereon;(6) The condition of said property;(7) The income from said property; and(8) The net proceeds of the sale of the property, as received by the seller, after deduction of all of the usual and reasonable fees and costs of the sale, including the costs and expenses of financing, and allowance for unconventional or atypical terms of financing arrangements. The plain language of the statute clearly indicates that no such deduction is required. To do so would be to require the property appraiser to apply the value determined by subsection (8) when the statute requires only that the property appraiser consider that value.