California, United States of America
The following excerpt is from El Tejon Cattle Co. v. San Diego County, 252 Cal.App.2d 449, 60 Cal.Rptr. 586 (Cal. App. 1967):
The collection of taxes on property exempt from taxation is an erroneous or illegal collection within the meaning of section 5096, Revenue and Taxation Code. (City of Long Beach v. Board of Supervisors, 50 Cal.2d 674, 679, 328 P.2d 964.)
Another instance of erroneous or illegal collection is where the tax rate has been fixed upon an assessed valuation that excludes from the levy a material portion of the property on the tax rolls. (Otis v. Los Angeles County, 9 Cal.2d 366, 377, 70 P.2d 633.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.