APPEALS PROCESS
Appeals Department
574-535-6596
THE PROCESS
The appeal process is the action all property owners have when they disagree that the assessment being placed upon their property; believing it does not represent market value, applicable assessment laws or there is a non-subjective error present on their property record card (PRC).
While there are a few exceptions, generally a taxpayer should be able to look at what their assessment and ask one simple question, "Is my property worth that?" If yes, or more...the appeal process is not necessary. If the answer is no, then they are encouraged to begin the process of appealing by filing the Form 130 with the office.
By filing an appeal, the taxpayer triggers the appeals' department to switch from a mass appraisal approach to value, to a subject specific approach to value.
EVIDENCE TO SUPPORT
Many times petitioners file their appeals, and use arguments which are far too vague or present no actual evidence to support their claims. While evidence is not necessary, it greatly assists the process and enhances the chances of the appeals' department understanding your opinion (agreement or not). Some of the best market valuation evidence petitioners can choose to include with their appeal:
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Appraisals
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While the weight which the appraisal should be given can be influenced by the effective date of the report, purpose of the report and/or issues discovered in its review...appraisals often times serve as a reliable measure of market value (should that be the intended use).
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Broker's Price Opinion (BPO)
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Often times broker's have a stronger grip on the market of today, rather than retroactively stating an opinion of value. This however, doesn't eliminate a BPO from being given substantial weight when done well and are often utilized in appeal discussions.
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Sales of comparable properties
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Have a few neighboring homes quite similar to yours which have sold recently? Point those out in your appeal to ensure they're considered in the analysis.
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Data
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Anything which was discovered in review of the property assessment records which you feel might be in error.
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ANALYSIS
Once a staff member of the appeals' department grabs an appeal to work it, know that it takes time for a thorough analysis. Reviewing what your appeal states, researching the property for accuracy and conducting a market analysis solely focused on the market value of the property appealed is completed. Even then a fair amount of appeals get put before a second set of eyes to confirm or trigger a deeper analysis. During this process you may be called, emailed or communicated to in order for the staff to gather information and/or discuss observations. If you have a current appeal, and wish to reach the appeals department click HERE.
FORM 134
A Form-134 (forms) is the official notice given to a taxpayer of where the Assessor stands on their assessment appeal. This is another time in the appeal process where we encourage taxpayers to reach out and discuss or even meet to discuss the appeal if they have not prior to this moment. This often times allows a petitioner and the appeals department a chance to better understand the thoughts of the other side and can even at times accomplish the closing out of the appeal in some capacity. If such communications do not lead to a closure or are simply not responded to, the next step would be a hearing set with the local PTABOA (below).
PROPERTY TAX ASSESSMENT BOARD OF APPEALS
If a taxpayer disagrees with the stance communicated to them, the disagreement is noted and a hearing date for the petition to go before the Property Tax Assessment Board of Appeals (PTABOA) is set. Notice of this hearing must be given to the petition 30 days in advance and comes on a Form-114 (forms). Learn more about the PTABOA HERE.
Should you desire to contest the ruling of the PTABOA, that process is outlined on your Form-115 and HERE as well.