Thursday, January 30, 2014

Board Finds Alleged Errors Failed to Prove Property's Value Incorrect

Excerpts of the Board's Determination follow:


The thrust of the Petitioners’ case concerned to alleged errors on the property record card that erroneously increased the value of the property including the assessment of a shed that has no gas and no electric service, and a stairway to an attic in the front house that does not exist. However, even if the property record card contains errors concerning the shed or attic, the Petitioners still failed to meet their burden by simply contesting the methodology used to compute the assessment. Eckerling v. Wayne County Assessor, 841 N.E.2d at 674, 677 (Ind. Tax Ct. 2006). To successfully make a case the Petitioners needed to show the assessment does not accurately reflect the subject property’s market value-in-use. Id.; see also P/A Builders & Developers, LLC v. Jennings County Assessor, 842 N.E.2d 899, 900 (Ind. Tax Ct. 2006) (explaining that proper focus is not on methodology, but rather, on what the correct value actually is). The Petitioners failed to present any evidence that the assessment did not correctly reflect the property’s market value-in-use.

d. The Petitioners presented testimony that a house two blocks from their home sold for $65,000 in 2009. To effectively use any kind of comparison approach to value a property, one must establish that the properties are truly comparable. Conclusory statements that properties are “similar” or “comparable” are not sufficient. Long, 821 N.E.2d at 470. The Petitioner is “responsible for explaining to the Indiana Board the characteristics of their own property, how those characteristics compared to those of the purportedly comparable properties, and how any differences affected the relevant market value-in-use of the properties.” Id. at 471. Here, the Petitioners failed to make any comparisons at all between the subject property and the comparable property.

http://www.in.gov/ibtr/files/Brunson_45-023-10-1-5-00003.pdf