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Tool Talk Discussion Forum

Property Tax Protesting

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smark

01-11-2006 16:59:03




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Just talking to a neighbor who owns the identical size piece of vacant land, a mile from my land, in the same Township, bought in the same year and he pays less Taxes than I do. His land is on a main paved road with all Utility services. My land is on a rough 'two track' through swamps, a mile from the nearest-paved road-(his) and I am 1/2 mile from the nearest utility pole. It just dont seem right. Has anyone out there sucessfully protested their property taxes sucessfully,Is this something I should try to do? Got any Hints that could help me? Thanks

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Kendall

01-16-2006 13:28:22




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 Re: Property Tax Protesting in reply to smark, 01-11-2006 16:59:03  
I protested and got my taxes reduced a few years ago based on taxable value of like properties around me. Do your homework, get listing of numerous property values and taxes they pay in your area. See how it compares and if yours is higher, protest based on that.



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John in Ct

01-15-2006 14:53:21




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 Re: Property Tax Protesting in reply to smark, 01-11-2006 16:59:03  
My town was out to get me ( long story) so I got a "special assessment". Went to the Board of Assessment appeals, they rubber stamp what the assessor says. Funny on how the tape where I spoke for 3 1/2 hr didn't come out. Anyway, went to the Conn Superior Court 3 times. Assessor didn't know anything about anyones property in town, only knew mine was "correct" while deposing him. Went to Superior Court 3 times and won!!!! But had to pay my lawyer, appraiser and put the time in.

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timcasbolt

01-14-2006 19:23:46




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 Re: Property Tax Protesting in reply to smark, 01-11-2006 16:59:03  
A lot depends on the rules in your state. In general, a study of recent sales of similar properties in your area is what the grievance board will be willing to consider. Sales data is usually available from the county real property office and local realtors. Also, the assessor has recent sales data. I speak with the experience of a former assessor and former member of the grievance board in a small town in New York State.

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John (MO)

01-12-2006 14:14:43




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 Re: Property Tax Protesting in reply to smark, 01-11-2006 16:59:03  
I think you will be successful in getting your neighbors taxes raised, and therefore loose a friend. Might not be worth the trouble.



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unioncreek

01-12-2006 13:05:41




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 Re: Property Tax Protesting in reply to smark, 01-11-2006 16:59:03  
Property taxes in WA state are on a 10 year (I beleive)also. My neighbor has 10 more acres than me, more outbuildings and a 40 year newer house. They pay $800 we pay $1800. We protested ours and they dropped it $100, their explanation was the neighbors hadn't been re-assessed. We asked when that would be and there is no way they can re-assess property every year. Currently we're taxed on 100% of property value.

Bobg

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chvet73

01-12-2006 08:52:12




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 Re: Property Tax Protesting in reply to smark, 01-11-2006 16:59:03  
I did this succesfully with my home in La Plata county Colorado. When I bought it, they had a value of about $40,000 more than I paid for it. I sent in the info on what we paid and they readjusted it. The next year we tore the original house down and they reset to the value of the land only. After the new house was built they reset and it has climbed slowly since then.
Just present your case as you have here and they should adjust accordingly.

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Jon in MN

01-12-2006 07:24:09




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 Re: Property Tax Protesting in reply to smark, 01-11-2006 16:59:03  
I would call your county accessor first and ask them to explain how the bill is figured. Most will gladly explain in plain english.
Each state and county has many different formula's so the two pieces of land may be quite differt. If something is wrong, the township can easily change it. Do either of you own any other land nearby ? One rule in our county is the first $150k of value is calculated different than anything above that.

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Joe MD

01-12-2006 07:12:59




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 Re: Property Tax Protesting in reply to smark, 01-11-2006 16:59:03  
Sometimes assessments are cyclical. If you bought your property 3 years ago it might have been reassessed a year after you bought it. Perhaps he bought his 8 years ago and it was reassessed a year after he bought it.

Perhaps his will be reassessed in 2 years (maybe there is a 10 year period) and you property will not be reassessed for another 7.

10 years may be a long cycle, but just an example.

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hay

01-12-2006 05:22:02




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 Re: Property Tax Protesting in reply to smark, 01-11-2006 16:59:03  
i don't know your location, but go to your local tax office or appraisal district and ask about the procedure for protesting. here in texas, the protest has to be filed before may 15 and the burden of proof is on the taxpayer ( as usual) and usually a taxing entity will schedule protest meeting sometime in june or july. you better really have your act together before appearing at such meeting. they don't just hand out exemptions freely. i had to prove agricultural use before i got my exemption. and don't change the use to the land or the taxes will back up five years prior to the exemption date.

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FatTom

01-12-2006 05:10:25




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 Re: Property Tax Protesting in reply to smark, 01-11-2006 16:59:03  
In Indiana agricultural land has a fixed "base" value per acre. The base value is adjusted depending on soil types (from the latest USDA soil maps)and various influence factors such as whether or not the land is tillable, wooded, covered with water, etc.

I successfully appealed the value of some of my land because the assessor did not follow the guidelines prescribed by the state.



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BBx

01-12-2006 05:01:09




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 Re: Property Tax Protesting in reply to smark, 01-11-2006 16:59:03  
You don't say where you are located so this may not apply. I protested mine last year. On the local county appraisal web site and the local tax office, I checked the appraised value of all surrounding land. Mine was appraised higher than all others for no obvious reason. On the protest form I checked what I thought was the correct box. As it turned out, there were two different boxes, one to protest on market value, the other to protest based on surrounding appraisals although the wording didn't seem to indicate that. At the protest hearing, my protest was turned down as they said my value was in line with recent sales in the area. When I presented the information of surrounding values, they said they could not consider that since I did not check that box. They said I would have to wait until next year and protest that. Next time I will know.

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Slowpoke

01-11-2006 21:33:41




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 Re: Property Tax Protesting in reply to smark, 01-11-2006 16:59:03  
You said neighbor's land is vacant. If you have buildings, taxes could be much more. Compare the actual tax bill each of you received from the tax collector.

In California taxes are based at 1% of sale price, plus local bonds and parcel taxes approved by voters, plus special assements like city sewer, county flood, mosquito, vector control and more. The tax base increases 2% each year. In some ag counties, fruit & nut trees, grape vines, tractors, machinery, bunkhouses, etc., must be reported each year for additional taxes.

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Ryan - WI

01-11-2006 19:59:02




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 Re: Property Tax Protesting in reply to smark, 01-11-2006 16:59:03  
You are probably just going to succeed in getting your neighbors taxes increased. Just talk to him and offer to split the difference in exchange for not talking to the assessors office.



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Charles (in GA)

01-11-2006 19:27:58




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 Re: Property Tax Protesting in reply to smark, 01-11-2006 16:59:03  
It works very different in different places. In Georgia, Fair Market Value is defined as the price a willing seller would accept and a knowlegable buyer would pay at an arms length, bonafied transaction.

Accessability is one factor in determining value. I'm refering to public road accessability to the property boundry. Paved roads, dirt roads, makes a difference. As mentioned by others, zoning, covenants or other restrictions also are a factor to consider when valuing property. Use of the property is also a determining factor in value.

One last thing to consider, many states have some sort of agricultural exemption that allows for either a much lower value on the land (hence, less taxes) or a lower tax rate itself.

In Georgia, these special assessments for agricultural use are one of two types, Preferental Use Assessment, or Conservation Use Valuation Assessment (nothing to do with conservation, misnamed law) I know other states have similar. New Jersey does. Alabama has something for conservation... "growing wildlife". You may need to apply for this special exemption, and your neighbor may already have it, thus giving him his lower taxes.

One last thing, again I'm talking Georgia, but other states are similar. You are required to file a real property tax return each year. If you do not, the law assumes you have automatically, and that the value was the same as last year. If you do not physically file this return between Jan 1 and Apr 1, AND the assessors DO NOT revalue your property for that year, you DO NOT have any right to appeal the value. Again, most states are similar, but check your states laws.

Charles
"An Assessor in a Georgia county" (and no, I'm not telling which one of the 159 counties it is)

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Davis In SC

01-12-2006 09:41:28




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 Re: Property Tax Protesting in reply to Charles (in GA), 01-11-2006 19:27:58  
Same here with land use... Ag exemption makes for very low property taxes. I mailed out a check for Prop. Tax this morning. $16 for 15 acres...



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VaTom

01-12-2006 05:01:00




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 Re: Property Tax Protesting in reply to Charles (in GA), 01-11-2006 19:27:58  
Charles, good point about the land use. In Virginia we have a program called exactly that. it rewards property owners to engage in agriculture, tree farming, or other approved use. My "tree farm" is taxed at about 10% of what it would be at fair market.

Most people around here know of the program and utilize it if possible. But I've run into a few who didn't know it existed. Saves me several thousand dollars every year. Without, I'd be subdividing and planting houses.

Sounds like you are more professional than our assessors, who freely admitted that they never pay any attention to cost of access or utilities, 85% of the land value in my case. Came out just fine when I protested the assessment. Did not change the way they do business.

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VaTom

01-11-2006 18:54:25




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 Re: Property Tax Protesting in reply to smark, 01-11-2006 16:59:03  
Hi smark,

I've done battle with the assessor's office and won, several times. Here, the requirement is fair market value, what the average buyer would pay.

To win you must demonstrate why the assessment is wrong. Other properties as you note might help, but sold comparable properties have considerably more weight. Something like your 1/2 mile to elec is something you might think the assessor would consider, but that's not my experience. Until you bring it up and mention how high the cost of bringing it in will be.

I had major driveway issues, $20k worth for a gravel driveway. When I pointed it out, the assessor caved. He admitted they never look at utility or driveway cost. When I asked if he didn't think the average buyer might, he said probably, but they had no way to determine that cost. Which really means, too much trouble to make a couple of phone calls. Not in their interest to lower assessments.

To spare you the details, I'll just say that when I built my unusual house here I was curious how the assessment would work. They're supposed to go by comparables. But sometimes there aren't any. They tried to slide square foot value past me but I didn't buy it. We settled on less than half the original assessment. 12 yrs later we're almost up to that original number. I've saved thousands of dollars.

Do your homework (sold comparables) and good luck.

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Hermit

01-11-2006 18:02:21




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 Re: Property Tax Protesting in reply to smark, 01-11-2006 16:59:03  
First thing I'd do is check the zoning in your area. Different zoned areas are assessed differently. If it's the same then go to the review board and have the assessor explain the difference. Of course, the board could find that your neighbor has been underpaying his taxes through a paperwork error. He may not like that.



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Arizona Bob

01-12-2006 09:54:14




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 Re: Property Tax Protesting in reply to Hermit, 01-11-2006 18:02:21  
Over the past fifteen years I"ve appealed perhaps 7 times and won about three. The last time I appealed a 2.6 acre parcel that is under a power company easement, totally. Had copies of the easement prohibiting farming, fencing, cattle; you name it. Also had pictures showing the power lines. Had everthing I could think of to sway the assessor from 3 thousand an acre. They seemed impressed. Results came back no change. So I"m giving it back to the state. The odd thing is that the notices that I"m now getting on the pending public sale of this land is that the assessed valued is now less than that I appealed. Go figure, Huh!

I honestly believe the assessors will charge you in taxes what they can get away with.

Bob

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Charles (in GA)

01-12-2006 13:28:09




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 Re: Property Tax Protesting in reply to Arizona Bob, 01-12-2006 09:54:14  
"The last time I appealed a 2.6 acre parcel that is under a power company easement, totally. Had copies of the easement prohibiting farming, fencing, cattle; you name it. Also had pictures showing the power lines. Had everthing I could think of to sway the assessor from 3 thousand an acre. They seemed impressed. Results came back no change." AZ BOB

In Georgia, this would be a no brainer. The law specifically requires that we consider deed restrictions, easments, covenants, and zoning restrictions, when establishing value. If the parcel is largely worthless, unusable, then we would set the value as low as possible. It might not be as low as you would want, but it would be alot lower than $3K an acre, I'd bet. Charles

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crackerhead

01-13-2006 12:23:51




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 Re: Property Tax Protesting in reply to Charles (in GA), 01-12-2006 13:28:09  
Charles, I am also a resident of Ga. Do you know anything about a hidden clause that states if a parcel of property is classified as a flood plain that it has to be devalued for tax purposes?



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VaTom

01-12-2006 16:00:12




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 Re: Property Tax Protesting in reply to Charles (in GA), 01-12-2006 13:28:09  
Just today had a conversation with my assessor. As usual we discussed nearby properties. I asked him how he dealt with a couple of shacks, inhabited, for assessment. Almost nobody would be willing to live in them, certainly nobody with the funds to buy the land. Clearly a liability, not an asset.

He said everybody has to pay some tax, even if the house is a liability (fair market value). Hmmm... I read the rule book. They often stray, not with me. Sometimes confuses the office clerks.

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