Assessor’s unsupported, conclusory evidence was “of no value” in defending Indiana property tax assessment for commercial land and building

In Zia v. Lake County Assessor, Pet. No. 45-026-07-1-5-00034 (June 8, 2012), the property owner (Zia) appealed the assessment of his commercial building and land in Hammond for the March 1, 2007 assessment date.  See http://1.usa.gov/Lya0Nb.  The property’s value had increased by 61% over the … [Read more...]

Department of Local Government Finance discusses legislative changes to the requirements for proving a homeowner’s right to Indiana’s Homestead Deduction.

Hoosiers may claim a homestead deduction for their principal place of residence.  Effective July 1, 2012, Indiana law changed regarding the proof a county auditor may require from a taxpayer to show that a home is the taxpayer’s principal place of residence.  The Department of Local Government … [Read more...]

“Bare bones” cost approach falls short in property tax appeal for assisted living care facility, where the valuation expert failed to consider “indirect” or “soft” costs and “entrepreneurial profit.” The assessor’s “sound value” assessment was upheld.

A valuation expert’s failure to quantify "indirect" or "soft" costs and entrepreneurial profit were key mistakes at the heart of the Indiana Board of Tax Review’s decision denying property tax appeals for an assisted living facility in Marion, Indiana.  In Assisted Living Concepts, Inc. v. Grant … [Read more...]

Indiana Property Tax Assessment Appeals 101 – Department of Local Government Finance publishes memo addressing common procedural questions

On June 22, 2012, the Department of Local Government Finance (DLGF) issued a memo titled "Assessment Appeals 101."  The memo walks the reader through a series of basic property tax appeal procedural questions.  The memo can be viewed at http://1.usa.gov/MJfhyh (last visited June 30, 2012).  On … [Read more...]

“Fiction” trumps “facts” in the application of the 5% burden-shifting rule. Once sold by developer, subdivided lots were not the “same property,” so buyers had the burden to prove the lots’ property tax assessments were incorrect.

Indiana Assessors have the burden of proof on appeal to show that their assessments are correct, “if the assessment that is the subject of the review or appeal increased by more than five percent (5%) over the assessed value determined by the [assessor] for the immediately preceding assessment date for the … [Read more...]

Prices of two vacant lots at “compulsory” auction reflected market values in their neighborhood and supported reductions of the lots’ property tax assessments

The auction prices of two lots established their values for purposes of determining their property tax assessments, the Indiana Board ruled last month in Norris v. Howard County Assessor, Pet. Nos. 34-002-10-1-5-00149 and -00151 (May 31, 2012) [Small Claims Docket].  See http://1.usa.gov/LNEnrG.  On … [Read more...]