Tuesday, March 13, 2012

Board Finds Untimely Appraisal and Sale Date Insufficient to Show Error in Assessment

"The Tates rely most heavily on the fact that they paid only $44,900 for the subject property and on Ms. Lewis’s appraisal valuing the property at $58,000. A property’s sale price and a USPAP-certified market-value-in-use appraisal both can be powerful evidence of the property’s true tax value. But the Tates bought the subject property on May 21, 2008, and Ms. Lewis appraised the property as of April 28, 2008, both of which were more than a year after the January 1, 2007, valuation date that applies to the assessment under appeal. Because the Tates did not explain how either the sale price or Ms. Lewis’s appraisal related to the property’s market value-in-use as of that earlier valuation date, that evidence lacks probative value.

Ms. Tate also attempted to compare the subject property’s assessment to the assessment of a home located at 513 N. Kettner Drive. To effectively use any kind of comparison approach to value a property, one must show that the properties at issue are truly comparable. … Although Ms. Tate testified that the subject home and the neighboring home at 513 N. Kettner are roughly the same age and have similar wood siding and older windows, she did little else to compare the two properties. And she did nothing to address how any relevant differences between the properties affected their relative values. Thus, the neighboring property’s assessment has no probative value.

Finally, Ms. Tate claimed that the subject property was assessed too high in light of the home’s deteriorated condition. While that deterioration might affect the property’s value, the Tates offered no probative evidence to quantify that effect or to otherwise show how the deterioration supports any particular value range for the property. Ms. Tate’s testimony about the subject home’s condition therefore does not suffice to make a prima facie case for reducing the subject property’s assessment."