News & Analysis as of

Property Valuation Appeals

Schwabe, Williamson & Wyatt PC

Property Owners Face Hurdles in Challenging Local Improvement District (LID) ‎Assessments

On August 5, 2024, the Washington Court of Appeals, Division One, demonstrated the difficulty for property owners to challenge a local government’s decision to pass the cost of city improvements to them. In SHG Garage SPE et...more

Schwabe, Williamson & Wyatt PC

Property Owners Face Hurdles in Challenging Local Improvement District (LID) ‎Assessments

On August 5, 2024, the Washington Court of Appeals, Division One, demonstrated the difficulty for property owners to challenge a local government’s decision to pass the cost of city improvements to them. In SHG Garage SPE et...more

Pierce Atwood LLP

Can a Person Ever Establish Zoning Standing by Alleging Diminution in Property Value? The Appeals Court Whispers the Answer

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The Massachusetts Appeals Court recently addressed diminution of property value as a basis for standing to file a zoning appeal. In Pobeda RT II, LLC v. Zoning Bd. of Appeals of Watertown, the court affirmed that individual...more

Nossaman LLP

Arizona Court of Appeals Holds Severance Damages Unavailable for Homeowners Whose Easements were Extinguished in Eminent Domain

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The Arizona Court of Appeals recently held that members of a homeowners’ association are not entitled to severance damages to their residential parcels when common areas are condemned....more

Pullman & Comley - For What It May Be Worth

When is an Easement Subject to Taxation

Most folks laboring in the property tax and valuation vineyards would not think that an easement attached to a parcel of real estate could create a separate tax liability for its owner.  That presumption might be true in most...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Solar Array/Tax Assessment: Rhode Island Supreme Court Addresses Challenge to Property Valuation

The Supreme Court of Rhode Island (“Appellate Court”) in a February 21st Opinion addressed a tax assessment issue involving a solar array. See Polseno Properties Management, LLC v. Keeble, 2023 WL 2125824. The question...more

Cozen O'Connor

City of Philadelphia Real Estate Assessment Appeals

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The City of Philadelphia has extended the deadline for the filing of a first level review of real estate assessment appeals to October 14, 2022. As such, there may be some confusion about this recent extension. ...more

Freeman Law

The Appeals Process for Property Tax Appraisals

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Property tax, or ad valorem tax, is a fact of life for people and businesses in Texas. As one of the few states in the United States without income tax, Texas counties rely on property tax as a source of revenue to pay for...more

Fox Rothschild LLP

NJ – Property Tax Appeal Filing Deadline Extended To May 1st At The Earliest

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On March 19, 2020, the New Jersey Supreme Court issued an order extending the filing deadline for local property tax appeals from the original April 1st deadline to at least May 1st, and possibly beyond. Per the order, the...more

Steptoe & Johnson PLLC

"Damaged Goods" Not Enough to Sway Third Circuit Court of Appeals

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In early February, the Third Circuit Court of Appeals rejected the “damaged goods” approach to valuing property crossed by a pipeline. In UGI Sunbury LLC v. A Permanent Easement For 1.7575 Acres et al., the appeals court...more

Patton Sullivan Brodehl LLP

Appointment of a Nuisance Abatement Receiver: No “Financially Viable” Plan for Rehabilitation Needed

Under California law, receivers can be appointed for many purposes. Sometimes a “general equity” receiver is appointed to take control of a business entity and its assets where the decision-makers are deadlocked in...more

Bricker Graydon LLP

[Webinar] Protecting Your Financial Base - The Significance of Tax Valuation Complaints and Appeals (Pre-K to 12) - January 22nd,...

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In Ohio, approximately two-thirds of school district revenue is generated from property taxes, so it is important for school administrators to understand the legal process that affects increases and decreases in property tax...more

Farrell Fritz, P.C.

LLC Survives Member’s Death. Dissolution Petition Doesn’t.

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In 2018, two members of a realty holding LLC sought judicial dissolution based on the death of one of the other members. The operating agreement defines a member’s death as an event of “Dissociation.”...more

Hogan Lovells

Don’t overstep the mark: what can an independent expert decide in a rent review determination?

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The old saying goes “if you give them an inch, they’ll take a mile”, but the Court of Appeal has reaffirmed that an independent expert appointed by parties to make a binding determination in relation to their dispute is not...more

Burns & Levinson LLP

Be Sure To Clearly Define The Grounds For Disqualifying An Independent Appraisal Because The Court May Not Do It For You

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It is not uncommon for parties entering into an agreement to transfer an asset to seek the input of an independent, third-party appraiser. Plainly, the parties to any such transaction desire an appraiser who will be unbiased...more

Nossaman LLP

Crafting Settlement Agreements in Eminent Domain

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Like the vast majority of general civil litigation, eminent domain matters usually settle before going to trial. The resolution is typically documented in either a stipulated judgment or a settlement agreement. ...more

Roetzel & Andress

Ohio Property Owners: Deadline For Appeal Of Property Taxes Is Fast Approaching

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If you own real estate or are contemplating a real estate purchase, give some thought to your property taxes. Specifically, give some thought to whether you might be able to reduce your property taxes. Every parcel of real...more

Pierce Atwood LLP

No Right to Jury Trial for Regulatory Taking Claim: Pierce Atwood Partner Michelle O’Brien Successfully Argues Before...

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Resolving an issue not previously decided by Massachusetts appellate courts, the Massachusetts Appeals Court ruled that a landowner is not entitled to a jury trial on a regulatory taking claim....more

UB Greensfelder LLP

Upcoming Deadline for Filing Real Property Tax Complaints

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Cuyahoga County and 18 other Ohio counties recently completed the state-mandated six-year reappraisal of all real property in those counties. In Cuyahoga County, across all property types, values rose overall by an average of...more

Burr & Forman

South Carolina Property Tax Case Highlights Valuation Issues

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A recent decision by the South Carolina Administrative Law Court (ALC) highlights many of the valuation issues that can arise when property is appraised by a county assessor. In Taylor v. Aiken County Assessor, S.C. Admin....more

Nossaman LLP

Court Of Appeal Provides Timely Reminder Regarding A Contractor’s Use Of Property For Staging And Proper Calculation Of Damages...

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In a recent unpublished Court of Appeal decision, Downs v. City of Redding (October 30, 2018), the Court took up two distinct issues: (a) whether a contractor’s use of property for construction staging constitutes a taking...more

Farrell Fritz, P.C.

Appellate Division Revives Challenge to New York City’s Moratorium on Hotel Conversions

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In Real Estate Bd. of New York, Inc. v. City of New York, Petitioner-Plaintiff Real Estate Board of New York, Inc. (“REBNY”) commenced a hybrid article 78 proceeding and plenary action against the City of New York (“City”)...more

Winstead PC

Independent Executor Had Authority To Sell Estate Real Property Despite Nothing In Will Giving Him That Authority

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In Graff v. 2920 Park Grove Venture, Ltd., an executor was sued after selling estate real estate because the executor allegedly sold the property for less than fair market value. No. 05-16-01411-CV, 2018 Tex. App. LEXIS 4266...more

Franczek P.C.

Records Containing Only Facts Are Not Subject to Section 7(1)(f) Predecisional Exemption

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Recently, an Illinois Court of Appeals issued a decision mandating disclosure of assessment records from the Cook County Assessor’s Office to the Chicago Tribune under the Illinois Freedom of Information Act (“FOIA”)....more

Perkins Coie

Attorneys’ Fees Can Be Awarded to CEQA Litigants Hoping to Preserve Their Home Values

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Successful petitioners under CEQA who are motivated to file suit, in part, by their private financial interests are not necessarily ineligible for an award of attorneys’ fees under the public interest fee statute. Heron Bay...more

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