Thursday, January 16, 2014

Board Finds Untimely Purchase Price and Allegations Related to Building's Deterioration Failed to Support Lower Value for Property

Excerpts of the Board's Determination follow:


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Mr. Popejoy relies primarily on the price that he paid for the property sometime well before 2004. But that sale occurred more than six years before the relevant valuation date, and Mr. Popejoy offered nothing to relate the sale price to the value as of March 1, 2010. The sale price therefore carries no probative value.


d. Mr. Popejoy also points to the deterioration of the building. But as Ms. Becker explained, the assessment already accounts for substantial deterioration. More importantly, Mr. Popejoy did not offer any probative evidence to quantify the extent to which the deterioration affected market value-in-use or to show a value, or even a range of values, for the property.


e. Finally, Mr. Popejoy apparently disagrees with the Assessor’s decision to classify the property as commercial for assessment purposes given its agricultural zoning. His claim, however, amounts to little more than a challenge to the Assessor’s methodology in computing the assessment under the Real Property Assessment Guidelines for 2002 – Version A. As the Indiana Tax Court has explained, strict application of the assessment regulations is not enough to rebut the presumption that an assessment is correct. Instead, a party should offer the types of market value-in-use evidence described in the Manual. Eckerling v. Wayne Twp. Assessor, 841 N.E.2d 674, 677-78 (Ind. Tax Ct. 2006).
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