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Friday, February 1, 2008

No one species of property, from which a tax may be collected

West Virginia

Constitution, 1872, art. 10, sec. 1. Taxation shall be equal and uniform throughout the state, and all property, both real and personal, shall be taxed in pro- portion to its value, to be ascertained as directed by law. No one species of property, from which a tax may be collected, shall be taxed higher than any other species of property of equal value.

Present Law. Code, 1906. In West Virginia mort- gages are taxable as personal property (sec. 747, 794). Debts may be deducted from credits (Laws, 1907, c.

80, sec. 67).

Wisconsin

Constitution, 1848, art. 8, sec. 1. The rule of tax- ation shall be uniform, and taxes shall be levied upon such property as the legislature shall prescribe.

Present LCKW. Laws, 1903, c. 378. In Wisconsin, whenever any taxable real estate is subject to mort- gage, the mortgage is deemed an interest in the real estate and assessed and taxed in the assessment district where the real estate is located. The interests of the mortgagor and mortgagee may be separately assessed, or at the option of the mortgagor, both may be as- sessed and taxed together. If separately assessed, the interest of the mortgagor is to be taken for only sucb amount as remains after deducting the assessed value of the interest of the mortgagee from the as- sessed value of the entire real estate, and the valua- tion of the interest of the mortgagee is to be accord- ing to the true value, but not to exceed the just valu- ation which should be placed upon the mortgaged real estate if unencumbered. If both interests are as- sessed together without separate valuation, they are assessed to the mortgagor or occupant, the same as un- encumbered real estate, and the combined valuation of both interests is not to exceed the just valuation which should be placed upon the real estate, if unen- cumbered.

The deduction of debts from credits is not allowed in the case of any mortgage required to be assessed as an interest in real estate.

The law does not apply to mortgages held by in- surance companies or other persons or associations ex- empt from taxation nor to mortgages on property as- sessed by a state board of assessment, nor to mort- gages upon property of persons, associations, or cor- porations taxed by license fee or other special method. The law applies only to mortgages upon property sub- ject to direct assessment and taxation under the gen- eral assessment and tax laws of the state.

Wyoming

Constitution, 1889, art. 15, sec. 11. All property, except as in this constitution otherwise provided, shall be uniformly assessed for taxation, and the legislature shall prescribe such regulations as shall secure a just valuation for taxation of all property, real and per- sonal.

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