UPDATE: Valuation Of Mobilehome Space Must Be Based On Its Pro Rata Share Of The Real Property Of The Mobilehome Park

In an opinion issued on rehearing in Assessor for County of Santa Barbara v. Assessment Appeals Board No. 1 (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., August 30, 2012), the court of appeal once again found that when reassessing the value of a mobilehome space in a mobilehome park, the proper method of valuation is contained in Revenue and Taxation Code section 62.1.  Section 62.1, subdivision (c), requires that the value of a mobilehome space on reassessment must be based on a pro rata portion of the real property of the entire mobilehome park.  The value at a change of ownership in a space in a mobilehome park, where the park is a non-profit corporation formed by the tenants, must be determined by multiplying the fractional interest in the mobilehome park that changed ownership by the fair market value of the entire park at the time of the sale of the fractional interest.

Note

This is an update to our previous Legal Alert entitled, “Court Of Appeal Rejects County Assessor’s Method Of Valuing Mobilehome Spaces,” May 29, 2012.

Questions

If you have any questions concerning the content of this Legal Alert, please contact the following from our office, or the attorney with whom you normally consult.

Jon E. Goetz | 805.786.4302

Jeffrey L. Massey | 916.321.4500

Brett L. Price | 661.864.3800

 

Published In: Finance & Banking Updates, Residential Real Estate Updates, Tax Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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