Friday, November 15, 2013

Board's Land Trust Cases: Property Manager had no Knowledge of Property's Condition or Value as of Assessment Dates at Issue

Excerpts of the Board's Determinations follow:


313 Studebaker Land Trust

Here, the Petitioner simply offered no probative evidence. While Ms. Penn testified as to the property’s current status, she admittedly knew nothing about its condition or value as of the assessment dates in question. The only information about the property she was able to provide at the hearing was that the house was demolished by the City of South Bend and it is a vacant lot. Ms. Penn did not indicate when the house was demolished. She had no knowledge, and offered no evidence, with respect to the value of the property on the assessment dates. Because the Petitioner failed to offer any evidence of the subject property’s value on the relevant valuation dates, it failed to make a prima facie case that the assessments are wrong. Consequently, the Respondent’s duty to support the assessment with substantial evidence was not triggered. See Lacy Diversified Indus. v. Dep’t of Local Gov’t Fin., 799 N.E.2d 1215, 1221-1222 (Ind. Tax Ct. 2003). 

517 Allen Land Trust

Here, the Petitioner offered no probative evidence. While Ms. Penn testified as to the property’s current condition, she admittedly knew nothing about its condition or value as of the assessment dates in question. She possessed no information regarding the property for 2007 and 2008. Because the Petitioner wholly failed to offer any evidence of the subject property’s value on the relevant valuation dates, it failed to make a prima facie case that the assessments are wrong. Consequently, the Respondent’s duty to support the assessment with substantial evidence was not triggered. See Lacy Diversified Indus. v. Dep’t of Local Gov’t Fin., 799 N.E.2d 1215, 1221-1222 (Ind. Tax Ct. 2003).

646 Diamond Land Trust

Here, the Petitioner offered no probative evidence. While Ms. Penn testified as to the property’s current status, she admittedly knew nothing about its condition or value as of the assessment dates in question. In fact, Ms. Penn stated she had no case. The only information about the property she was able to provide at the hearing was that the house was demolished by the City of South Bend and is a vacant lot. Ms. Penn did not indicate when the house was demolished. She had no knowledge of the value of the property on the assessment dates. The Petitioner failed to offer any evidence of the value on the relevant valuation dates and thus failed to make a prima facie case that the assessments are wrong. Consequently, the Respondent’s duty to support the assessment with substantial evidence was not triggered. See Lacy Diversified Indus.v. Dep’t of Local Gov’t Fin., 799 N.E.2d 1215, 1221-1222 (Ind. Tax Ct. 2003). 

425 Walnut Land Trust

Here, the Petitioner simply offered no probative evidence as to the value of the property on the assessment dates. The only information Ms. Penn possessed about the property was that it had been through a tax sale at some point and was vacant at the time of the hearing. She admittedly knew nothing about its condition or value as of the assessment dates in question. Because the Petitioner failed to offer any evidence of the subject property’s value on the relevant valuation dates, it failed to make a prima facie case that the assessments are wrong. Consequently, the Respondent’s duty to support the assessment with substantial evidence was not triggered. See Lacy Diversified Indus. v. Dep’t of Local Gov’t Fin., 799 N.E.2d 1215, 1221-1222 (Ind. Tax Ct. 2003).