

Assessment Appeal
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 please call us.
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