Indiana Supreme Court: Application of a negative adjustment to common area land owned by Homeowners’ Associations, as required under a land order, was “inherently objective” and could be challenged using the former Form 133

Indiana Supreme Court: Application of a negative adjustment to common area land owned by Homeowners’ Associations, as required under a land order, was “inherently objective” and could be challenged using the former Form 133

In Muir Woods Section One Association, Inc., et al. v. Marion County Assessor (August  26, 2021), the Indiana Supreme Court concluded that, while determining value for the base rate of land may be a subjective determination, application of a land order’s negative adjustment to the base rate, once established, was … [Read more...]

No Indiana property tax exemption for land encumbered by flowage easement

No Indiana property tax exemption for land encumbered by flowage easement

On June 29th, the Indiana Tax Court affirmed the Indiana Board of Tax Review’s ruling that land encumbered by a flowage easement did not qualify for a property tax exemption.  In Hatke v. Parke County Assessor, taxpayers owned a home on .66 acres of lakefront land in Rockville, Indiana.  More than half the acreage … [Read more...]

Quick Property Tax Cuts:  Indiana Board of Tax Review Final Determinations (June – August 2020) – market data necessary; purchase price probative; vague testimony not probative

Quick Property Tax Cuts:  Indiana Board of Tax Review Final Determinations (June – August 2020) – market data necessary; purchase price probative; vague testimony not probative

Reports should “set out the main points in a series of short, crisp paragraphs. . . .  Let us not shrink from using the short expressive phrase, even if it's conversational.”  Winston Churchill (as quoted in The Splendid and the Vile by Erik Larson, pages 154-55). Case: Mutchner, LLC v. Vigo County … [Read more...]

Indiana Board of Tax Review may not “ride in on a white horse to save the day” for Assessor who failed to prove his case

Indiana Board of Tax Review may not “ride in on a white horse to save the day” for Assessor who failed to prove his case

Name: CVS Corporation #2519-01 v. Lake County Assessor and CVS Corporation #0434-01 v. Lake County Assessor Date Issued: May 22, 2020 Property Type: Retail pharmacy Assessment Years: 2007 – 2014, 2012 – 2016 Synopsis: In Indiana property tax appeals, taxpayers and assessors alike are responsible for … [Read more...]

Has your Indiana property tax assessment increased?  Four reasons the burden of proof may have shifted to the Assessor to prove the higher value should stick.  Appeals due no later than June 15th.

Has your Indiana property tax assessment increased? Four reasons the burden of proof may have shifted to the Assessor to prove the higher value should stick. Appeals due no later than June 15th.

Did you or your company open your property tax bill or assessment notice from an Indiana assessor this spring and experience sticker shock? If so – whether retail, office, apartments, industrial, or something else – you can file a petition to challenge that higher value on or before June 15, 2020. Depending on the … [Read more...]

Indiana Tax Court affirms rejection of Tenant’s claims that Assessor improperly included value of land in taxable leasehold interest

Indiana Tax Court affirms rejection of Tenant’s claims that Assessor improperly included value of land in taxable leasehold interest

Name: Square 74 Associates LLC v. Marion County Assessor Date Issued: December 3, 2019 Property Type: 7-story 209,888 square foot public parking garage with 31,000 square feet of first floor retail consisting of five tenant suites Tax Years: 2008 – 2011 Point of Interest: Where a lease failed to … [Read more...]