News & Analysis as of

Property Valuation

Resolving Disputes Regarding Value of the Loss through the Appraisal Process

by Hellmuth & Johnson PLLC on

With an increase in storm damage events throughout the Midwest, insurers are becoming increasingly frugal when adjusting storm damage losses. In the past, disputes regarding the value of the loss typically involved...more

Chicago Tribune Publishes Three-part Series on Cook County Property Tax System

by Franczek Radelet P.C. on

This week the Chicago Tribune published a three-part series of investigative reporting on the Cook County property tax system and the appeals process entitled “The Tax Divide”. Tribune reporters are examining 1) how the tax...more

Ninth Circuit Applies Replacement Value in Cramdown Even If Lower Than Liquidation Value

In a decision that addresses the value to apply to a secured creditor’s collateral facing cramdown, the Ninth Circuit, sitting en banc, reaffirms that, in determining cramdown value, a secured creditor is only entitled to the...more

Ninth Circuit Limits Mortgagee to Value of the Property as Low Income Housing

In First Southern National Bank v. Sunnyslope Housing Limited Partnership, No. 12-17241 (9th Cir. May 26, 2017), the Ninth Circuit Court of Appeals, in an en banc decision, held that, for purposes of confirmation of a plan of...more

Ninth Circuit Holds That Valuation of Secured Creditor’s Collateral in Chapter 11 Need Not Be Based on Property’s Highest and Best...

On May 26, 2017, an en banc panel of the Ninth Circuit Court of Appeals issued an opinion with important ramifications for secured lenders. The Ninth Circuit held that for purposes of determining the amount of a secured...more

Ruling Eases Lenders’ Path to Deficiency Judgments in NC

Winning a deficiency judgment following foreclosure may become less costly for lenders following a May 5 ruling by the North Carolina Supreme Court in United Community Bank v. Wolfe. Reversing a previous ruling by the Court...more

Conservation Easement Opportunities: Protecting Natural Resources While Receiving Tax Savings

by Ward and Smith, P.A. on

Conservation easements may be a great example of "doing well by doing good." They help conserve fish and wildlife, clean water, natural habitats, historic properties, farmland, and timberland. They also provide other public...more

Did Colorado Raise Your Property Tax Value? Here's How to Challenge the Valuation

by Faegre Baker Daniels on

Every odd year, Colorado reassesses real property for a two-year period. This year, we are seeing huge increases in property tax values across the state and especially in the Denver/Boulder areas. The value increases are...more

Sledgehammers on hold

by Dentons on

The Valuation Office Agency has amended its practice note on how a property will be assessed for business rates when undergoing refurbishment or redevelopment. The revised practice note is a consequence of the Supreme...more

Is a lease always just a lease?

by Shutts & Bowen LLP on

For one Miami-Dade County shopping center owner, the answer is now yes, but only after a ruling from Florida’s Third District Court of Appeal in Garcia v. Dadeland Station Associates, Ltd. In 2015 that owner found itself...more

Potential wealth tax

by Hogan Lovells on

The Davis Tax Committee (DTC) has issued a media statement calling for submissions by 31 May 2017 on the potential imposition of a wealth tax. The Minister of Finance established the DTC in 2013 to inquire into the role of...more

Final 2016 Cook County Equalization Factor Released

by Franczek Radelet P.C. on

Last Friday the Illinois Department of Revenue released the final 2016 Cook County equalization factor, which will be used to calculate the second installment property tax bills that are anticipated to be due in August 2017....more

Lancaster County 2018 Property Reassessment: Evaluating Your Preliminary Notice

by Barley Snyder on

Property owners in Lancaster County likely have received their 2018 Preliminary Property Assessment Notice, which shows the property’s preliminary 2018 reassessed value. While the notice provides answers to frequently asked...more

Is Property Tax Reform Coming to Oregon?

by Tonkon Torp LLP on

As our state faces a $1.6 billion budget shortfall, lawmakers are considering a number of ways to raise taxes to bridge the gap. One current proposal asks Oregonians to reconsider Measure 50, their 1990s-era property tax...more

Valuing Underground Natural Gas Storage in Eminent Domain Proceedings

by Nossaman LLP on

In California eminent domain proceedings, a property owner is entitled to the “fair market value” of the property being acquired. Typically, fair market value is determined by analyzing comparable sales or by utilizing an...more

Michigan’s 2017 Property Tax Assessment Appeal Deadlines Are Approaching

by Dickinson Wright on

Wednesday, May 31, 2017, is the deadline for filing 2017 petitions with the Michigan Tax Tribunal for property tax appeals involving commercial real property, industrial real property, developmental real property, commercial...more

Property Tax & Valuation Topics - Spring 2017

by Pullman & Comley, LLC on

Momentous LIHTC Decision Does Not Materialize - In the Winter 2017 issue of Property Tax and Valuation Topics, we projected that the Connecticut Supreme Court’s anticipated ruling in Nutmeg Housing Development...more

A Homeowner’s Mortgage Insurance Obligation is Not Modified by a Mortgage Modification

by Tucker Arensberg, P.C. on

Mortgage insurance can be an expensive proposition for homeowners at the same time that it provides assurance to lenders. Whether the term of paying insurance premiums can be extended as the result of a mortgage modification...more

Pending Appeal in Michigan Supreme Court May Warrant Filing a Protective Property Tax Appeal This Year

by Dickinson Wright on

On February 1, 2017, the Michigan Supreme Court ruled that it would hear oral arguments on the application for leave to appeal in Menard. One of the issues to be considered is “whether the Michigan Tax Tribunal may utilize a...more

Newbigin – A reality check - Newbigin v Monk

by Dentons on

It has not been rosy in the business rates garden recently. Following the Woolway v. Mazars decision, the vagaries of the business rates revaluation and the complete uncertainty and potentially adverse consequences flowing...more

Lancaster County property owners, reassessment is coming!

by Barley Snyder on

After more than a decade, the Lancaster County Property Assessment Office reassessment of property values will begin this year and become effective January 1, 2018. The purpose of the reassessment is to align all property...more

Supreme Court decision slashes empty rates bills for developers

by Hogan Lovells on

The rateable value of commercial premises is generally equal to the rent payable under a hypothetical letting on the relevant assessment date. There are some express statutory assumptions for this – it is to be an annual...more

Property Tax Exemption Application Deadline Approaches

March 1st is the deadline for filing all property tax exemption applications in the state of Florida. No matter in which of the 67 Florida counties you own property, please be certain that any property tax exemptions you may...more

Did You Forget to File Your ATI Exemption? You Can Still Lower Your Property Taxes

by McNair Law Firm, P.A. on

Property tax values in South Carolina are generally determined every five years through county-wide reassessments. Since property tax values are determined every five years (and subject to a 15% cap on increases under...more

Michigan’s 2017 property tax assessment notices are in the mail. Should you appeal?

by Dickinson Wright on

Local assessors are in the process of sending annual notices of real and personal property tax assessments to property owners/taxpayers, who must determine whether the assessments are correct and whether an appeal should be...more

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