
An application for a property assessment appeal on a
residential home, or other property is your opportunity to challenge
the assessed value placed upon your property by the County Assessor.
Before you file for a property tax assessment appeal you should get an
appraisal prepared by an experienced appraiser (State Licensed or
Certified Real Estate Appraiser) Why? An appraisal prepared by
licensed Real Estate Appraisers with experience can provide you with
the credibility you need to challenge a property assessment. The key
to challenging your property assessment is to provide well documented
evidence. An Appraisal by an experienced State licensed Real Estate
Appraiser can provide the documented evidence you need in challenging
your property tax assessment. Many times the board of appeals is made
up of at least one former or active real estate appraiser. A well
documented professional home appraisal can many times make the
difference of whether your property assessment appeal is successful or
not.
Did you know ?
1. The property assessment appeals board operates under the
presumption that the County Assessor is correct in his assessment of
your property.
2. You must provide substantial evidence to support your assessment
appeal claim. An Appraiser can represent you at the hearing and
provide you with a well researched and documented appraisal of your
property.
3. An experienced appraiser can determine if the county assessor is in
compliance with current assessment practices and the Assessment
Appeals Manual.
4. At the commencement of every hearing you should request a finding
of fact in writing and submit it to the clerk. This requires the
assessment appeals board to discuss all of the material points raised
by the application and should also require a statement by the board of
the method or methods of valuation used to determine the value of your
property. Rule 325 of the Assessment Appeals Manual generally states
findings of fact must be rendered within 45 days.
5. You can request a copy of the tape recorded hearing within 60 days
following the final determination if you plan to appeal the boards
decision on a judicial review.
How does assessed value affect my taxes?
The assessed value of property and the tax rate applied to this value
equals the amount of tax money each property owner is required to pay.
The Assessment Appeals process concerns only the assessed value of
your residential home or commercial property.
Who determines the assessed value of my property and how is it
determined?
The the County Assessor's office, who is elected by the people, is
directed by the state constitution to assess all taxable property
within the County. By law, the assessment and appraisal of property
involves estimating a residential or commercial property's value by a
real estate appraiser with the assessors office and listing that value
on the assessment roll. In preparing the assessment roll, appraisers
in the Assessor's office estimate a property's full cash value
utilizing several methods. Appraisal is not an exact science, but the
appraisers opinion of value is based on consideration of comparable
sales, cost data, income & expenses, market capitalization rates, and
other relevant methods used to determine value.
A valuation card/letter is mailed to you for the regular annual
assessment. This card/letter contains important information about your
property, including the appraised value as of January 1, referred to
as the "lien date". Separate notices are mailed for special
assessments, referred to as "supplemental", "escape", or "roll change"
assessments.
What if I disagree with the assessed value of my residential or
commercial property?
Your first step is to get an appraisal prepared by a
Qualified State Licensed or Certified Real Estate Appraiser.
Differences of opinion can and do arise. Property owners have a right
to challenge their property assessments by filing an application for
changed assessment with the Assessment Appeals Board. The key is to
provide a well documented appraisal report by a qualified Real Estate
Appraiser who is State Certified.
You are also urged to contact the Assessor to verify the circumstances
of the assessment. This will assist you in understanding the method
used in appraising your home or commercial property. You may also ask
the appraisers at the Assessor's office for an informal review. Armed
with a well documented appraisal report prepared by a Real Estate
Appraiser may result in an adjustment without requiring further
action. Be sure to check with the Assessor for any form or filing
deadline that may apply to an informal review.
What is the Assessment Appeals Board?
Determinations of value are made by either a three member Assessment
Appeals Board or a Hearing Officer. These individuals are appointed by
the Board of Supervisors to serve as the local board of equalization.
They must have experience as an appraiser, real estate broker, CPA or
preferably a real estate attorney. Their role is to determine the
value of your property based upon enough evidence presented by you and
on the other side the Assessor's appraisers. If they have appraisers
on their side you should be prepared with a well documented home or
commercial appraisal report prepared by your appraiser.
Having your case heard before a hearing officer is considered an
expedient and convenient alternative to the formal Board
quasi-judicial proceedings. However, I do not recommend informal
hearings. An assessment appeal is a formal hearing and allows you to
request a finding of fact.
Who can file an Assessment Appeal application?
Any property owner who disagrees with the assessed value of his/her
property may file an appeal. Although not required, a property owner
may have a real estate attorney, home or commercial appraiser, family
member or professional tax agent file on his/her behalf.
Do I have to file an application every year?
Possibly. If you disagree with the assessed value of your property,
can support it with evidence such as a residential home or commercial
appraisal, and are not satisfied with the outcome of an informal
review with the Assessor, you may wish to file an assessment appeal
application.
When will my hearing be scheduled?
Most appeals heard by an Assessment Appeal Board are scheduled in
twelve-eighteen months; Residential appeals heard by a Hearing Officer
are scheduled in six-nine months. Revenue and Taxation Code 1604,
however, allows up to two years for an assessment appeal to be
decided.
What happens at the hearing?
At the hearing, you and the Assessor are given the opportunity to
present factual evidence to substantiate your opinions of value. It is
recommended that you request a finding of fact. This will require the
appeals board to provide you with a written finding of the facts
including a determination of how the valuation was arrived at and what
method or methods were use in forming the boards opinion. All
testimony is presented under oath and is recorded. You and the
Assessor may question each other regarding the evidence presented. The
assessor will have his home or commercial appraiser representative at
the hearing. Likewise, you should be prepared and have a residential
home or commercial appraiser prepare a residential or commercial
appraisal report for the hearing. Moreover, the appraiser should also
be present as your representative at the hearing to answer any
technical appraisal questions and present your case.
The Board or Hearing Officer will either advise you of their decision
at the conclusion of the hearing or you will be notified of their
decision by mail at a later date. This decision is final, however, it
may be appealed to Superior Court. You will have 45 days from the
final decision to appeal. Any appeal must be based upon factual
evidence.
Disclaimer: All information that we provide on our web site is of a
general nature. It is not intended to address the circumstances of any
particular individual or entity. Even though we strive to provide
accurate and timely information, we do not guarantee that such
information is accurate. No one should act upon such information
without appropriate professional advice after a thorough examination
of the facts of their particular situation. As appraisers we are not
attorney's, tax professionals, financial planners or accountants. The
above is not intended to give advise on legal, tax, financial
planning, or accounting matters. Please check with your attorney, tax
advisor, financial planner, and accountant for information regarding
said matters. We do not intend to provide appraisal of any specific
property.
For additional information on property tax lien appraiser & appraisal,
foreclosure appraisers, appraisals for tax lien or tax liens, property
tax appeal, property tax sale, tax foreclosure, tax foreclosed
property, bankruptcy call us.