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Let's Pass Small
Claims Court Property Tax Appeal
That's the peoples
court:
SMALL CLAIMS COURT
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Binding Arbitration is "rigged" for Market Value only,
leaving the eight other protest reasons with no
cost-effective appeal of which unequal appraisal protest
is so very important. Rigging has made binding
arbitration useless for most Texas taxpayers like "TOAB-Hog"!
Big-shot County Attorney told Coach Hart: "We let binding
arbitration pass for market value only to give taxpayers a
'bone', while we hold on to the 'steak and gravy'."
We taxpayers should have the right to ALL NINE protest
rights in binding arbitration and Small Claims
Court. |
Here's How Regular
Taxpayers Are Treated Now Without Small Claims Court Appeal -
WHY A DOUBLE STANDARD FOR TEXANS?
Dear Sir:
I have found your website to be of great interest as I
navigate through the process towards achieving equal and
uniform appraisal of my property, as is my right per the State
of Texas Constitution and the Texas Tax Code.
I have gone through the process of informal review with an
appraiser from the CAD (Denton County, in this case), as well
a formal protest hearing with the appraisal review board. To
say I'm frustrated would be an understatement.
Out of the 58 homes built in my master-planned community built
by the same builder, all of approximately the same size and
built in the same time frame, 57 are classified as Class 10
and one (mine) is classified as Class 10A. It was changed from
Class 10 to 10A last year (2001) the year prior to my purchase
of the home. The appraiser's rationale for changing the
classification was based upon the CAD's sales records.
However, the improvement cost/square foot value based upon the
CAD sales records falls right in the middle of the improvement
cost/square foot value for the other 57 properties, based upon
the CAD's own sales records! Thus, there was/is no
justification for changing of my classification. Then, in
comparing the 2002 appraised values for the other 57
properties, the improvement value/sq ft falls within a very
narrow band (plus or minus $5/sq ft), while mine is $20+/sq ft
higher. The other properties are appraised at ~85% of market
value, mine is appraised at ~100% market value.
All of this compelling evidence fell on basically deaf ears to
both the appraiser in the informal meeting and to the board at
the appraisal review board hearing. The appraiser said that he
could only work off sales prices and said he would not change
my value unless I disclosed the purchase price for my house
(market valuation is not the basis for my protest; equal &
uniform appraisal is), and the review board said that they did
not have the authority to change the classification of my home
(despite the evidence). The review board in effect said, "you
present a very compelling case, but the sales figures show
this, so we'll adjust your 2002 appraisal down $5000 (vs. the
$60,000 that the data justified).
Needless to say, I want to appeal the appraisal review board
order to the county district court. I understand that I have
the option to request arbitration by a third party, which
would be binding if the CAD also agreed to arbitration.
My
questions regarding an appeal to the district court are: 1) Do
I have to have certified legal representation or can I
represent myself (which I feel is the only viable option given
that the unequal tax liability is $1700)? 2) Do you have any
feedback on arbitration? Is it truly unbiased & will it be
based on the evidence, or is it the "good ol' boy" network of
friends of the CAD? and 3) Do you have any examples of
documents for a court appeal (specifically a Petition for
Review)?
Whatever assistance you can provide is greatly appreciated.
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