Property Tax and Valuation Topics - Summer 2019

Pullman & Comley, LLC

Approximately 20% of Connecticut’s 169 municipalities usually conduct general revaluations every five years as required by law. Due to a quirk in the schedule, 2019 revaluations will be conducted by only 14 communities. While none of Connecticut’s largest cities will be going through revaluation process, municipalities such as Bloomfield, North Haven, Stratford and Torrington will be doing so.

An updated list of 2019 revaluations will be published in our Fall edition.

With southern Florida bracing for significant sea level rise within the next decades, “higher ground inland has started to look more and more desirable” reports National Public Radio. These inland neighborhoods are some of the poorer portions of the region and are experiencing what one Harvard researcher calls “climate gentrification,” meaning that speculators are starting to take positions, resulting in some cases, in the loss of homes and nonrenewal of leases.

Assuming these realities apply to the northeast sea coast as well, perhaps we soon will be reading about New England real estate appraisals which take sea level elevation into account as an important variable. According to NPR, the Harvard researcher “found that from 1971 to 2017, real estate at higher elevations in Miami appreciated at higher rates than properties closer to sea level.”


Under Connecticut law, a tenant to a signed lease (or memorandum) recorded on the land records  who is obliged under that lease to pay real estate taxes may bring a tax assessment appeal. Tenants frequently become tax appeal plaintiffs under NNN lease situations where the property owner/landlord is not economically motivated to challenge an assessment.

The standing of the tenant to take a tax appeal in New York is not as well established. The Empire State’s standard permits an “aggrieved party” to challenge the decision of a local board of assessment review, but without further detail. Thus, the question in a recent New York Court of Appeals (that state’s highest court) decision was whether a tenant who is not legally bound to pay real estate taxes and who nevertheless pays them may challenge the assessment. New York’s highest court ruled that lacking a legal obligation to do so, the tenant could not pursue the appeal; actual payment of the taxes as a matter of overall business judgment was not sufficient.

Returning to Connecticut, members of Pullman & Comley’s Property Tax and Valuation Department frequently find that tenants who are legally bound to pay real estate taxes for some reason have failed to record the appropriate document on the land records, which  potentially invalidates an appeal that otherwise could go forward. One way our attorneys have dealt with this challenge is to prepare a memorandum of the lease which, with both the landlord’s and tenant’s signatures, can be recorded in order to prime the tax appeal.

Matter of Larchmont Pancake House v. Board of Assessors, New York Court of Appeals (April 12, 2019).

Gregory F. Servodidio can respond to questions about tenants’ assessment appeals.

A shopping center in Taunton, Massachusetts consisting of TJ Maxx, Michael’s Jewelry, Pier 1 Imports and Office Depot stores was valued by the assessor at slightly over $10 million. The value was somewhat curious because the assessor’s property record card reflected a value of $8.9 million based on an income capitalization approach, the very methodology used by the tax appeal plaintiff’s appraiser. Even more curiously, the assessor chose not to present expert testimony but relied solely on his work.

The Massachusetts Appellate Tax Board disagreed with a number of the assumptions used by the property owner’s appraiser in developing his income value approach and strongly disapproved of his expense calculations which, it observed, “were simply extracted from general database sources and did not include supporting detail specific to the subject property.” Nevertheless, the ATB lowered the assessor’s value significantly below his income approach value and, as noted above, significantly below his assessment!

While the ATB did not offer much commentary about the discrepancy in the assessor’s records, it is difficult to imagine that it did not have a major impact on the Board’s decision.

Ipers Taunton Crossing, et al v. Taunton Assessor, MA Appellate Tax Board, 2019 WL 354880 (2019).

Laura B. Cardillo can answer questions about this case.   

Readers of Property Tax and Valuation Topics know that Connecticut assessors require the owners of income producing property to file income and expense forms every June 1, even though new values are established only once every five years. The relevant statute recites that owners must “submit” the form to the assessor. Surprisingly, the word “submit” is not defined there - or in any other Connecticut statute. The dictionary definition does not nail the issue and the legislative history surrounding adoption of the statute is somewhat opaque as well.

And so, does the statute require the form to be placed in an envelope postmarked by June 1 or must the form actually hit the assessor’s desk on June 1?  

Judge Sybil V. Richards, sitting in the New Haven Superior Court, recently ruled that simply mailing the form in a June 1 - or earlier - postmarked envelope is not sufficient.   This is no small matter because the assessor is required to impose a 10% penalty for late filings. In the case of highly valued properties, thousands of additional tax dollars for a particular year could be at stake and, indeed, frequently are.

A May 31 postmark was of no avail to the property owner in this litigation because the assessor did not receive the form until June 2. One day late resulted in being $132,000 short!  The court also rejected the owner’s claim that it was being excessively penalized for the one day gap.

Seramont Associates LLC v. Town of Hamden, Docket No. CV-16-6065237 (February 5, 2019).

Elliott B. Pollack can be reached for additional information about this topic.

According to Paige Jones’s article in the May 2019 issue of The Exempt Organization Tax Review, The Satanic Temple was recently granted tax exempt status by the IRS.  The public need not be concerned that The Temple promotes or worships Satan or believes in a symbolic devil, the article offers. The Temple’s emphasis rather is on rational inquiry. It rejects “super naturalism and archaic tradition-based superstitions . . . .”

The Satanic Temple’s headquarters is in Salem, Massachusetts. As noted by Ms. Jones, Salem is “infamous for its 1692 witch trials.” Presumably, the Salem assessor will follow the IRS and grant the property tax exemption which the Temple likely will seek.

Pullman & Comley’s newly expanded property valuation and tax practice in Massachusetts is conducted strictly on a secular basis.

Two years ago, the Connecticut Superior Court allowed unlicensed individuals to give expert testimony about the value of real estate in Wheelabrator Bridgeport v. City of Bridgeport. The City of Bridgeport claimed that only a licensed real estate appraiser could estimate the market value of real property and that it is both civilly and criminally prohibited for unlicensed individuals to do so. The Connecticut Supreme Court disagreed with the City, thus leaving the question of future appraiser licensure enforcement very much up in the air.

The North Carolina Supreme Court Department of Transportation last year faced a slightly different version of the issue. In an eminent domain action brought by that state’s department of transportation, the Department of Transportation presented the testimony of a licensed real estate broker to which the property owner objected based on state appraiser licensing laws à la the Connecticut case mentioned above. The state agency maintained that a carve out to the appraiser licensing law, allowing real estate brokers to opine as to “the probable selling or leasing price of real property,” did not turn licensed brokers into unlicensed appraisers. The trial court and an intermediate appellate court agreed with Department of Transportation.

However, when the case reached the North Carolina Supreme Court, that panel ruled much the way as did the Connecticut court in the Bridgeport matter. Developing a real estate appraisal for purposes of court testimony apparently is different than developing a real estate appraisal for purposes of a financing transaction, according to the North Carolina Court’s reasoning. A person qualified as a real estate expert can testify about anything within the scope of his or her expertise, even though if the same person produced a real estate appraisal for purposes of mortgage transaction, she would run afoul of licensing laws.

The North Carolina ruling further erodes the concept of licensure given the court’s notation that “an intelligent lay person, without any license, could potentially testify about fair market value.”

It is too early to evaluate the potential mischief created by the Connecticut and North Carolina holdings.  But among the many concerns they raise is opening the testimonial door to individuals whose compensation is typically based on a percentage of the selling price as opposed to a fixed or hourly fee. Regardless of how the broker who is allowed to give “expert appraisal testimony” in a contested proceeding may be compensated, this segue from professional, licensed, ethically supervised USPAP-focused appraisers to real estate brokers as courtroom experts portends serious problems.

North Carolina Department of Transportation v. Mission Battleground Lease Co, LLC, Supreme Court of North Carolina (March 2, 2018)

Michael J. Marafito can be reached to answer any inquiries regarding this case.

Elliott B. Pollack will be a panelist at the November 21, 2019 Property Tax Symposium presented by the Institute for Professionals in Taxation in Seattle. His panel’s topic is “Value in Exchange v. Value in Use: Do the Courts Know the Difference”? Elliott has written and lectured on this topic and has litigated a number of assessment appeals in which the definition of value has been a central theme.

On May 9, 2019, Greg Servodidio delivered a presentation entitled “A Property Tax Perspective on Economic Growth Through Zoning Reform” at the American Bar Association’s national real property legal education conference in Boston.  Greg and his fellow panelists focused on the zoning reform initiatives in Hartford and Philadelphia and the economic development impact of those efforts.  Please contact Greg if you would like a copy of his presentation. 

[View source.]

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.

© Pullman & Comley, LLC | Attorney Advertising

Written by:

Pullman & Comley, LLC

Pullman & Comley, LLC on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.