'Historic Levels of Tax Appeals' May Lead to Reassessment
Cinnaminson's tax assessor suggests a reassessment for all residential and commercial properties in town since appeals have costed the township well over $600,000.
With the township slated to lose more than $600,000 in uncollected taxes this year due to appeals—an amount Cinnaminson’s tax assessor calls “unprecedented”—a reassessment has been suggested to township committee members.
The next step is for Dennis DeKlerk, the assessor, to contact the county for approval and move forward with the project.
“We’ve had unprecedented and historic levels of tax appeals filed in the township, none of which is defended,” said DeKlerk. “The only way to remedy the losses is to reassess the town to reflect the current market conditions.”
DeKlerk presented to township committee Monday evening and said the only way to remedy the “snowball effect” of tax appeals is to adjust the ratable base.
“There’s no other way to stop the bleeding,” he said.
The best way to do it, DeKlerk suggested, is with a reassessment plan, which is different than a total revaluation. A revaluation was performed in the township in 2007. In 2008, those assessments were put into place.
Then, the market dropped drastically. Assessments are supposed to represent the fair market value of a property. Owners who believe they're over-assessed may appeal to the county. Towns can either defend the assessment, which costs money in professional fees, or acquiesce, which means losing part of the tax base with each appeal.
The reassessment is not nearly as big an undertaking as the revaluation five years ago because an existing database will be used. And it’s not nearly as expensive.
DeKlerk said the township is looking at a price tag of about $200,000 for a year’s worth of reassessments to the township’s residential and commercial properties. The reassessment would take place next year with a new tax rate created in 2014.
“The economy had a drastic effect on property values,” Mayor Don Brauckmann said. “Now, people are appealing—and no one can blame anyone for doing that. In fairness, I think this is the responsible thing to do, to get ourselves in line with current market values.”
Committeewoman Kathy Fitzpatrick, who serves on the township’s budget committee, said with the amount of tax appeals, it’s become “increasingly difficult to plan budgets out and make up a gap of $600,000.”
“With 26 percent of the people appealing for a reassessment,” she said, “the other remaining 74 percent are paying the burden for those [appeals]. I think this is a fair way to spread the pain amongst all of our residents and do it fairly.”
Cinnaminson’s solicitor John Gillespie said there’s an order that would allow the township to spread out the cost of the reassessment over five years as opposed to footing the entire $200,000 bill at once.
“That certainly softens the blow in the year of assessment,” Gillespie said.
Brauckmann also wanted to make sure there can be slight adjustments for every year after. DeKlerk assured committee that is possible.
“It seems like the responsible thing to do,” Brauckmann said.
DeKlerk, who also serves as Moorestown’s tax assessor, said the town is in the middle of its assessment right now.
Stay with Patch for more on this story.
FbS
6:42 am on Wednesday, September 12, 2012
Im a kinda new NJ home owner, and want to know, historically, do reassessments lead to a raise in prop taxes or a drop? I was under the impression they almost always lead to a raise in taxes?
Rosemary Ploszaj
11:27 am on Wednesday, September 19, 2012
I just called the township today after receiving my tax bill. I had no idea that you COULD appeal. The assessors office said that the ratio is usually 100% of market value. My assessment is about $50,000 higher than the current market value. Unfortunately I cannot appeal until 2013. But I will be looking for that appeal form.
JS
10:06 am on Wednesday, September 12, 2012
I'm no expert, but reassessments have almost always lead to an increase in taxes because historically over the past 40 years, property values have risen. I'm assuming - hoping! - that in this case, our taxes will decrease since property values have decreased across the board due to the economic downturn. Of course, this is a logical answer and very often when discussing taxes or politics, logic seems to go out the window! And also, you know what happens when you "assume"....
judie
10:06 am on Wednesday, September 12, 2012
I don't feel the 74% who didn't appeal are paying the burden for the people who actually got off their butts and did something about their taxes going up. If you chose not to appeal that's not the problem of the people who did. If the township wants more revenue just have a police officer sit on any residential street with radar. I'm sure a lot of tickets would be written. I walk my dogs all around town and I witness the speed at which drivers are doing along the roadways.
Lauren Burgoon
8:34 am on Wednesday, September 12, 2012
Frank, The statistic always given to me when I reported on these matters was 1/3 will go up, 1/3 will stay the same and 1/3 will drop. But that's the conventional wisdom of a stable economy. If the true market value of your property has dropped since 2008, I would think most people can expect a lower assessment.
That said, it doesn't suddenly cost Cinnaminson less money to run the town. The committee will adjust the tax rate to meet its needs post-reassessment. The reassessment means Cinnaminson can better predict how much tax money will be coming in, to avoid that $600K hole, but won't necessarily lower taxes.
Voice of Reason
10:06 am on Wednesday, September 12, 2012
Cinnaminson never should have done an Re-assessment when property values were at their highest. Odviously residents are going to appeal since the market dropped, and their assessments are alot higher than their home values. Now Cinnaminson has to pay for another assessment to balance the tax rate. They should have waited in the first place.
Phil
11:03 am on Wednesday, September 12, 2012
As I said in my comment below, I think that's when they were legally required to under state law. I think the previous one done was in the mid-1990s so they were pushing 10/15 years since the last one.
Ric
10:06 am on Wednesday, September 12, 2012
LOL! IGive me a break. I was not born yesterday. Dennis DeKlerk actually seeks a reassessment of homes only to collect more tax revenues from the already overburden Cinnaminson home owners. And he wants Cinnaminson home owners to spend $200,000 so he can squeeze $600,000 and possibly more out of homeowners. The bottom line is the cost of running this town is way too high. The average home owner pays about $7,500 a year in real estate taxes. Yet real estate taxes are half or more for comparable homes across in the river in Bucks County.
The township council also needs to take a good look at the way they handle the costs of running this town. Yes, they cannot take another dime from the police force since it has been pared down but at the same time it sure appears that there is lots of fat in the budget for top township employees who are more than generously compensated – not to mention Cinnaminson’s car-gate.
judie
10:21 am on Wednesday, September 12, 2012
Perfectly said.
Zuzu
10:06 am on Wednesday, September 12, 2012
This is BS plain and simple. It's a means to raise taxes because several people were smart enough to appeal the overblown assessments. They can't think of anything else to do? They can spending money on cars but they can't find anyway to cut the budget?
Fred
10:06 am on Wednesday, September 12, 2012
I don't understand how the township allowed these adjustments solely on market value changes It's unfair to everyone else. I did not appeal based on market value because I thought the township would understand that everyone is effected by this, not just the people with time to appeal. was just turned down on a refi because my value decreased 120k since the highest mark. Does that mean my taxes should go down 33%? I don't think so
I also don't understand why they don't assess on land size only. I'm sure there is a valIid reason, I'm just not sure what it is. If they based taxes on land size only, we would not be paying for all of these changes and reassessments. Your lot size is not likely to change.
At the end of the day, the township will collect the money they need to run the township.....why should some get their share reduced when we have all seen our values go down?
John
11:27 am on Wednesday, September 12, 2012
I think if you look on your tax bill, the value of the land is fixed and the improvements to the land is also figured into the tax rate.....Houses can be added to and changed to cause the value to go up and in this case down...I would like to know how burlington county can reduce the taxes for several years but cinnaminson taxes have always gone up.....It does not take alot of time to protest your assessment....If you really want to be ticked off how about the home owners insurance, that never goes down because construction costs always go up to replace the house if its destroyed....U never win with the government....
Phil
12:19 pm on Wednesday, September 12, 2012
John, it's the levy/amount collected that's key. The county has reduced that levy through reducing spending. The township has actually kept it the same the last few years. That leaves the school district's levy that's increased (not sure about Fire Dept's) over the years. Some of that was due to increased spending on unfunded mandates like Special Education needs or the new anti-bullying program, some on benefits although the new law now actually reduces that cost albeit slowly, and others on unneeded programs like some of the new Middle School sports. The district has actually come out and said they'll add programs if it keeps them under the 2% rule. It should also be noted, the 2% rule is on the levy amount, not individual tax bills so if 26% of the township has reassessed values, the other 74% could actually see their taxes increase over the 2% amount.
CBJ
10:06 am on Wednesday, September 12, 2012
Great answer Lauren. Some values will go up some down and some will stay the same. But in the end they will "get you". :)
Jeanne
10:18 am on Wednesday, September 12, 2012
We did this last year and were very happy with the results. Our assessment went down.
Phil
11:01 am on Wednesday, September 12, 2012
I believe state law dictates on the actual change that can be had within a reassessment, at least upwards. The township allowed the adjustments because people followed the "assessment appeals" process defined on the tax bills, it's state law. As for when they did it last time, that was the legally required time to do it. I thought it was required once every 8 years with a grace period up to 12 or so years between assessments.
Zuzu
7:50 am on Thursday, September 13, 2012
They can re-evalute every ten years but you can only appeal you assessment every 2 yrs. That means the 26% that appealed the last assessment will probably be barred from appealing this "assessment." They can't re-evaluate so they're getting around it by calling it an assessment. Politcal BS to raise taxes.
Random Person
11:38 am on Wednesday, September 12, 2012
We need to fire/kick out all of the idiots that run this town. Too much money going into pockets/stupid projects and when the money is needed to fix things its not there.
Dave S
11:46 am on Wednesday, September 12, 2012
I have a rental sfh in Beverly. They did a reassessment last year and I just got the tax notice in the mail. I was able to compare it to last years. The value of my property went up almost $25k, to what I think is at or slightly under fair market value. Beverly lowered their tax rate from a county high of 5.7% to a slightly more reasonable 3.955%. My taxes went down about $440 annually. Cinnaminson tax rate is about 2.5% so they can say everybody's property is worth less, but then they raise the tax rate and you pay about the same amount, give or take a little bit.
Dave S
11:52 am on Wednesday, September 12, 2012
Also I would like to note the value of the land in Beverly went up significantly and the value of the structure went up less than $1000.
If my house was down $120k and I couldn't refi, then yes I would absolutely expect my taxes to go down accordingly. Also if you shop around for homeowners insurance you might be surprised what you can get. The economy is in a slump everywhere and its effecting everyone.
Eileen
12:16 pm on Wednesday, September 12, 2012
Thank you, Fred! Your explanation should have been given to any person who attempted to get a reassessment purely for market value decline (which should have been denied). Every resident's home declined. If you reduce the market value for every home by a certain percentage, you then must raise the multiplier to offset the reduction to collect the same amount of taxes and it's a wash. The 74%, some of whom simply understand math, are certainly paying a higher burden than the 26%. Either reassess, or revoke the appeals and apply a fair market value reduction/multiplier adjustment to all homes.
Maureen
12:29 pm on Wednesday, September 12, 2012
Hmm...I read 200K and the first thing came to mind...and WHY is the township still buying an overpriced, unoccupied piece of property on Route 130 to plant flowers and look pretty when we're faced with a 600K deficit? I think its time, to reassess MANY recent decisions ie; Police car assignments, sewer authority issues, tax abatements for Hovnanian, etc. Before we start looking to more burdens, how bout we look to lighten the load of those we already took on?
noyb
1:29 pm on Wednesday, September 12, 2012
the fact that everyone is appealing and winning shows that the current tax level is out of whack from reality. Funny this story came up I was browsing the tax records recently and found my assesed value is about $60k over market value. I have a nice home and I like where i live but if you base my takes off of the assement you did 5 years ago its no wonder everyone is winning. The fact that they freely admit everyone out there wins their appeal tells me that everyone should appeal casue the tax rate is too high for current times.
Re-asses the township and make it level playing field again.
BTW, maureen dont confuse the money they spent on Barones with money they had or now need. It was basically money given to Cinnaminson to improve Rt 130. The money was use it or loose it so they opted to use it. We can agree to dissagree on what they should have used it for, but the money was not to be used for general tax fund or a swingset or a new car or something like that. It had to be spent on improving rt 130. It wasn't much money they couldnt repave 130 or build a shopping center it was a couple hundred grand and ONLY to be used for rt 130 improvements. I feel they probably overpaid for the property but it was mostly free money they used and if they didnt use it they would not get to use it on other stuff. Use it or loose it.
Michael Makinson
10:20 pm on Thursday, September 13, 2012
"Free money" no such thing. Those funds were the result of taxes or fees paid by citizens. Governments don't make money they collect taxes and fees.
noyb
6:55 pm on Monday, September 17, 2012
maybe free was not the best choice of words but it was money only to be used for rt 130... otherwise you dont get it. So they took it and bought an abandoned property. So either way it had to be used for that and it was money they didnt have before.
The Answer
2:07 pm on Wednesday, September 12, 2012
I also had my property reassessed and it went down $65,000. Although I agree with many, that this is a stupid way to do things, since now others will have to make up for my loss, I was not going to sit tight myself and pay for those who did reassess.
The worst thing about assessments, if you respect your property, take care of it, remodel, fix whats broke, and upgrade things, they tax you more than the jerk down the street who is letting his house fall apart. Someone mentioned a flat "land" tax, which sounds like a pretty damn good idea to me, that way those of us who take care of our properties don't get taxed for doing so!!
Oh and P.S… the people running this town are morons if you haven't already noticed, and the newest hiring is perfect proof. Proving again, it's not what you know, but who you know.
And P.S.S…. as I am typing this, I am staring at an ad with Michelle Obama, where's my barf bag!
Fred
2:22 pm on Wednesday, September 12, 2012
I think someone crossed the line in allowing these appeals to be granted. It's one thing for us all to complain that the taxes are too high (and they are). But doesn't the township have a responsibility to make sure everyone pays their fare share?
As long as everyone is assessed on the same scale, it does not matter I they say our properties are worth a dollar or a million dollars
What I now have a problem with is someone made the decision to approve these appeals while the rest of us suckers were trustin that the township was being fair
I would like to know who specifically was responsible and have them explain why it was done
Lauren Burgoon
2:30 pm on Wednesday, September 12, 2012
Fred, Appeals are made to and handled by the county tax board, whose members are appointed by the governor. The township's only role in the appeal is to defend the assessment by fighting the appeal. Here's a brochure (in teeny type) about the process: http://www.state.nj.us/treasury/taxation/pdf/lpt/ptappeal.pdf
It's also important to note that the appeal amount comes directly from the township's fund. A successful appeal (or $600K worth in this case) doesn't lower the amount of taxes Cinnaminson must pay to the county or school district.
Fred
2:40 pm on Wednesday, September 12, 2012
Lauren, I just called the tax office and was told that it is either the county tax board OR the local tax assessor (Dennis Deklerk?) So, I'm not sure if you are correct or they are. I will tell you when they did the last assessment, I appealed because they had me as having a closed in porch which I did not have.. that appeal was not done by the county.
I for one would like someone from the township (Dennis?) to provide us with the facts.
When I asked about the fairness of this I was told everyone has the right to appeal (they have until 4/30 of the year in which they were appealing)
Any way you point your finger, its not fair and it just does not make sense.
Lauren Burgoon
2:44 pm on Wednesday, September 12, 2012
Hmm, I've never heard that on the town's ability to grant appeals, but I'm not a total expert in this process by any means. We can look into the issue for follow up articles, for sure. Thanks for the info!
Fred
2:49 pm on Wednesday, September 12, 2012
Thanks Lauren. I think Dennis is the guy that should help us all understand the what and why. Is that something that the patch could Di (ask Dennis to educate us?)
On the surface this seems like some people got a really good deal while the rest of us did not....
I wan to give the township the benefit of the doubt. Asking them to clarify seems to make the most sense
Is that possible?
Eileen
6:15 pm on Wednesday, September 12, 2012
When these appeals started coming in, someone from the township should have noticed the gross unfairness of this and alerted residents to what was going on. Who was the township rep who lost all these appeals? A coalition could have been sent to the county to deny these appeals because their arguments apply to 100% of Cinnaminson homeowners, or organize a drive so 100% of homeowners appeal (that’s seems incredibly inefficient, doesn’t it?) The costs of running the township do not suddenly drop 25-30% simply because property values decline. If every single resident appealed their taxes for this reason, a tax rate increase would have been necessary to cover the costs of running the town (again, it would have been a wash). But now we have a situation where 26% are paying their taxes on market value (sharing the spoils of $600k) and 74% are paying taxes on the over assessed value. The township may want to provide some quick answers/actions before it faces an avalanche of appeals.
Fred
6:36 pm on Wednesday, September 12, 2012
Agree 100% Eileen!!!
Eileen
11:22 am on Thursday, September 13, 2012
Appreciate your comments, Fred! Wondering what we should do now? Is the solution, as some suggest, really for every homeowner to pay a filing fee and file an appeal to be treated equitably (again, for market conditions that affected everyone). Then the shortfall increases and we just shift the percentage of the underpaying/overpaying groups (residents should not be penalized for not reading Cinna. Patch or having some other inside knowledge of this situation). It seems that many people (and county/township officials?) lack the requisite math skills to understand the application of the tax rate formula.
Granted, the existing property tax system is an antiquated, inherently unfair, and inefficient way to fund our township needs; but given it’s what we’ve got, can we at least administer it fairly?
Mark
7:40 am on Thursday, September 13, 2012
I have just purchased a home in Cinnaminson again, When I make settlement, rest assured, I am filing an appeal. There is a little known fact that the tax folks at the township, county, and state level never let us commoners know about. Once you file for an appeal, they are required to automatically give you a 10% reduction. There is no other process to go through for the 10%. Just get off your hind and go fill out the appeal paperwork. It's that easy! The only time you need to go before the board or a judge (such as the Riverton country club did) is if you want to have it reduced by more than the mandatory automatic 10%. If everyone did this, that $600,000 they are crying about would seem like pennies. It sounds as if the poor mismanagement of our hard earned dollars once again by the local government officials.
Michelle
12:19 pm on Thursday, September 13, 2012
Mark- I would like to know more about the required 10% reduction. I did appeal before a judge and received a 9% reduction. I also found it difficult to contact Dennis DeKlerk with any questions. He is only in the Cinnaminson office on Tues and Thurs mornings, and anytime I called it went directly to voicemail.
Ranger Smith
12:26 pm on Thursday, September 13, 2012
Mr. Biseglia, if a re-eval doesn’t happen and more people appeal as you suggest, the hit will continue to grow coming solely out of the municipal budget. If only 25% right now have appealed and are “getting” a break then the remaining 75% of us are carrying the load. Why not correct this if they can? A $600,000 a year loss directly out of the municipal budget (not the school, county or your fire department) vs. a $200,000 hit spread out over 5 years is not rocket science. Its simple math and a quick way to make it fair for the rest of us.
Ric
1:00 pm on Thursday, September 13, 2012
@Ranger Smith. No. The 74% of us are not taking a $600,000 hit. It is the township that has to live with less tax revenue. The township is limited to a percent; I believe 2% is all that they can raise taxes annually.
Phil
1:04 pm on Thursday, September 13, 2012
@Ric, it's the levy that can raise 2%, not taxes so when someone appeals and lowers their assessed value, they essentially saw here's our levy plus 2% and here's our assessed value total which gives the new rate. That in turn can have some people's (perhaps all 74% who didn't appeal) a tax increase of over 2%, assuming they've gone up to that full 2%, which only our school district has as far as I know.
Ranger Smith
1:31 pm on Thursday, September 13, 2012
Thanks Ric. That was what I was trying to say.
FbS
11:16 am on Thursday, September 13, 2012
Does it make sense to get an appeal now if they are going to institute a re assessment to everyone soon anyway?
Christina Paciolla
12:35 pm on Thursday, September 13, 2012
I've gotten this question through email. Maybe putting it here might help. The deadline for appeals has passed. It was back in April.
Fred
2:13 pm on Thursday, September 13, 2012
Thanks Christine. What I would really like to know was who (specifically) approved these and what was the reasoning behind it when everyone's value went down? It just makes no sense.
Fred
2:19 pm on Thursday, September 13, 2012
And the other question is, if they reassess andvalues go down again, are we going to have the same problem?
Ranger Smith
2:36 pm on Thursday, September 13, 2012
Fred, the above article says Brauckman wants to make sure there are adjustments every year after the re-eval is done. Sounds like a good idea. Lets hope they do that.
Christina Paciolla
2:42 pm on Thursday, September 13, 2012
Just to be clear—this doesn't mean there will be a reassessment every year. Mayor Brauckmann asked if it was possible to readjust if needed and Dennis DeKlerk said it was possible.
Ric
3:58 pm on Thursday, September 13, 2012
@Ranger Smith. I bet dollars to donuts, tax assessor Dennis DeKlerk would love that since he also gets paid for each reassessment processed. I just did a Google on him, knowing that he was also tax assessor of Moorestown. I was shocked that Google associates his name as Tax Assessor with at least Cinnaminson, Moorestown, Woodland, Southampton, Buena Borough, Chatsworth, and Mintola. He must be very busy giving his individual attention to all the homeowners in those towns. Either that or he is very well contacted with the local political types and employs a bunch of low paid clerks. No one man could possibly handle that work load.
Hey, I wonder who Cinnaminson will hire to do the reassessments for $200,000? Anyone care to guess?
Eileen
3:25 pm on Thursday, September 13, 2012
The township should complete the assessment ASAP, perhaps intentionally deflating the value of all homes by a certain percentage and simply increase the tax rate accordingly (I’m sure that’s not legal but suggest it to make a point). For those that struggle with math, they may feel good knowing their home is under “market value.” For those that that don’t struggle with math, they will understand that if a consistent formula is applied to all homeowners, whether we’re all similarly overvalued or undervalued doesn’t matter! There is a cost to run the township that doesn’t automatically fluctuate because of property value declines - assessed value is simply the allocation method used (and you can’t just change the allocation for 26% and have an equitable tax distribution).
Btw, I certainly don’t blame the 26% (congrats); the laws/system permitting this, however, are deeply flawed.
Maury
4:02 pm on Thursday, September 13, 2012
The ignorance and reading comprehension of some of you utterly astounds me.
Zuzu
4:18 pm on Thursday, September 13, 2012
If they are going to re-assess does that mean the 26% who appealed will be barred from appealing again? I thought you could only appeal your assessment every two year.
dajoepa75
5:09 pm on Thursday, September 13, 2012
Any idea of the breakdown of this loss in revenue by commercial versus residential properties?
Country Club 5.5 million reassessment
9:31 pm on Friday, September 14, 2012
This was a brilliant move giving a private (Riverton) Country Club a $5.5 million reassessment....that REALLY hurt Cinnaminson.... BIG TIME! DUH!!!!
Bull Pitt
5:11 pm on Saturday, September 15, 2012
And not too mention the reassessment that Seabox got. Wow, all committee members belong to RCC, and the new guy running for committee is a bigwig at Seabox. Connect the dots! How is this town going to make up for those multi-million dollar reassessments? Who cares, as long as those who donate are taken care of.
Cinn Atty
2:14 pm on Saturday, September 15, 2012
OK – there are a lot of people here who don’t quite understand this process. I live in town and I’m an attorney who used to do some tax appeal work up in North Jersey years ago. I’m not exactly an expert anymore, but here’s basically how it works:
1. Where does the right to appeal come from? The State Constitution. It guarantees that all property be taxed at its market value. So, if you feel that your property is not assessed at market value – you have a right to appeal the assessment. You need to file an appeal by April 1 (I think – it’s been awhile). So it has nothing to do with the town allowing appeals. You have a constitutional right to appeal.
2. What happens as a practical matter, however, is you go to the assessor first and speak with him. If the assessor believes that the case is indefensible – for example your house is worth $150K and they have you down for $250K – they are going to lose, so they have the ability to settle the case at that point. You have a right to go before the County Tax Bd with your appeal – and then an appeal to the State Tax Court. Most residential cases never get that far. So the assessor doesn’t “allow” appeals – they typically just settle completely indefensible appeals rather than wasting money defending something that’s indefensible.
Cinn Atty
2:16 pm on Saturday, September 15, 2012
3. There is no automatic reduction. In fact, you should be aware that if you file an appeal – your assessment is now open - and if your assessment is too low (it’s pretty rare, but does happen – quite frequently if prices are rising) – the town can counterclaim and you can actually end up with a higher assessment. Towns will often use this as a threat if they think you have no case.
4. Also – in order to have a valid appeal, the assessment must be off by more than 15% - so if the assessment of your house is $200K – you have to prove that your house is worth less than 85% of $200K or $170K in order to win your appeal. If you can only prove it’s worth $175K – you lose – and it will stay at $200K. So the assessor basically has a 15% margin of error because determining market value is a murky science at best.
5. Assuming the assessor and the town’s counsel know what they’re doing, the fact that the town didn’t defend the cases basically tells you one thing – the cases were probably indefensible. Which is pretty much what I would expect given the state of the real estate market. Although I will say that I never filed an appeal – because I thought the assessment was pretty close and I didn’t think I would win a significant reduction.
Cinn Atty
2:17 pm on Saturday, September 15, 2012
6. Also, there is no mechanism to just change the whole town’s assessments or rates without a reassessment or revaluation. So the suggestions that the town should somehow just make changes for those who didn’t appeal – it just doesn’t work that way and would lead to all kinds of challenges and law suits. Assessors are not given that much authority.
7. Finally, you have to remember it’s not just residential, but commercial properties that appeal – in fact, the commercial tax appeals usually have much more impact in these situations. There are a couple of reasons for this. The first one is that commercial property owners are much more vigilant about pursuing appeals generally – and are even solicited by attorneys who will take their cases on contingency. Also, the valuation of commercial properties is much more complex. They are usually valued based upon the revenue they produce (there are a number of ways to do it, but for ease of discussion, that’s the most common). So when you see empty buildings, underused properties or low rent stores – understand that it effects the amount or rent they collect, which means their market value is less – which means that they assessment goes down and they pay less taxes. It is not uncommon for such properties to win multi-million dollar reductions in assessments – so you can see why they have much more impact.
Eileen
3:50 pm on Saturday, September 15, 2012
Cinn Atty, Appreciate you sharing your knowledge of the law. “Given the state of the real estate market,” your comments support the township pursuing a reassessment since apparently that is the only way to ensure all properties will be assessed at market value. Many, if not the majority, of these appeals are residential. The laws governing appeals were adopted at a time that unlikely anticipated the market decline we’ve experienced in the last 5-7 years. The township, with the knowledge that most homes have experienced at least a 15% decline in market value, should have pursued a reassessment (I’m sure a good attorney could have efficiently streamlined this process since we have up-to-date info. on all homes from the last assessment). The fact remains we have residents paying taxes on two different value standards and I hope the township’s response isn’t that everyone had a constitutional right to appeal.
Eileen
7:31 pm on Saturday, September 15, 2012
Still think a good attorney could have successfully fought these appeals - not necessarily on a case-by-case basis, but by approaching the county about the timing of our assessment and the unprecedented market decline shortly thereafter that affected all homeowners. Although there is a 15% rule, appellants have the burden of proving that an assessment is “in error, unreasonable, excessive, or discriminatory.”
Some attorneys simply follow the letter of the law; others look at the big picture and consider the disparate impact decisions may have on citizens.
John
1:10 pm on Sunday, September 16, 2012
This is all a joke on us, they can say and do whatever they want once in office....boy I
made an error bye not becoming a politician.....
K C
9:34 pm on Sunday, September 16, 2012
I believe there is a law thats said that are taxes can't increase more than 2% a year. Does that apply if they reassess us?