WHY DID LAND VALUES GO UP SO MUCH? CAN I APPEAL JUST MY LAND VALUATION?

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For many properties, at least in the City, building values have increased only modestly, or even held steady or gone down, but land values have soared. The east suburban reassessed values that have been released also appear to be continuing the trend.

I have no explanation for why land values increased so much more than building values, other than that it’s what the computer modeling design has concluded. No one has pointed to any real-world financial or market factors to explain the change.

Some do feel that the new land value proportion and the new balance isn’t out of line, just … …just different from how values have been proportioned before.

We have been searching for a way to try to attack the land values that have gone up so much.

I’ve been discussing the idea of appealing just the land value, when all the increase has been allocated to the land amount.

If I tell you in an appeal that I accept the building value but that I’m appealing only the land part, and try to show that the land value is out of line, can they still maintain a high reassessment based on the total value and ignore evidence that their own allocation to the land value is wrong?

Folks in charge of reassessment have acknowledged that their focus is in fact on a property’s overall value, not on the separate allocated components.

For almost all of the County, the allocation between land and building value is an anachronism, a no-longer-relevant holdover from when land and buildings were taxed at separate rates. I was told that County assessment officials would have liked to get rid of the separate values breakdown this time around.

I expect that at all first-level formal appeals the focus will remain on aggregate, total value and that the land-only argument will fall on deaf ears and basically be ignored, even with unusually strong evidence that may on occasion be available.

After all, the appeal is not a “court of record,” where everyone’s statements and arguments are recorded in some way for later review if needed, and neither the hearing officer’s recommendation nor the Office of Property Assessment’s reasoning and decision are detailed in any written opinion.

All appeals to the next level are appeals de novo, that is, a complete “re-do” or “do-over,” with an all-new hearing and evidence, not a review of the prior level proceedings.

It’s not till at least a couple steps later in the hearings and appeals process – which never happens in a residential case, only for huge commercial properties – that the court or tribunal takes a more formal approach, and is likely to agree that I can accept the building value to lock in the County at that number for the building, and limit the redetermination to just the land value, to try to lower the aggregate total.

Another problem with trying to attack the increased land values is that there aren’t a lot of buildable lots sold separately in the City to refer to as comparables, as there are sales of existing houses (and sales of lots in some suburban areas). Pockets of new residential development in the East End such as Summerset at Frick or Rosemont Lane often don’t have readily available information that breaks down the lot value vs. the building value.

For these reasons, I don’t expect to pursue this approach – that is, focusing on attacking the land value part – very often or with a great deal of success. It still all comes down to trying to prove overall real fair market value.

Feel free to comment, or call if I can help.

 

 

 

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What’s the status of assessment appeals now?

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Question: What’s the status of assessment appeals now?

Answer: Wow, what a circus. We’ll know more tomorrow, Tuesday January 10, 2012, when Judge Wettick rules on the Pittsburgh School District’s request to postpone using the new values till 2013.

The reason for their request is that if they adjust their millage downward and send out bills now based on the new numbers, they will actually get less tax revenue than they are allowed to because the tax base will inevitably be reduced as a result of many successful appeals.

Isn’t it amazing that after all the years that all these high-powered folks have been working on this transition, that this realization only comes to light (at least publicly) now?

Of course, so much of this would have been simplified if the County stuck to the schedule that the County itself proposed and agreed to, without delays.

On Friday January 6, the Judge again ordered – apparently in response to new County Executive Rich Fitzgerald’s pronouncement refusing to use the new values – that this year’s taxes, for 2012, will still be based on the new assessed values. (His order said, “[T]he City of Pittsburgh and Pittsburgh School District are barred from setting millage and calculating taxes for 2012 unless the millage and taxes are based on the 2012 assessed values.”)

Nonetheless, the court status conference and ruling on the School District’s request remain scheduled for tomorrow.

The Judge has shown a willingness to modify all the usual deadlines and procedures in this year’s unique circumstances, and I expect him to come up with some creative solution to the schools’ tax problem that still requires the tax bills to be based on the new 2012 values.

One final fascinating sideshow involves Rich Fitzgerald’s dramatic verbal defiance of the Court’s orders.  Imagine what potent political theater it will be for Rich to be found in contempt of court and led off in handcuffs – “I’m going to jail for the people of Allegheny County!!”

I’d be surprised if the Judge allows him an opportunity for such grandstanding. A more likely remedy in my view might be a mundane little $100,000 a day fine for the County, for example.

Stay tuned!!

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Do I still have to pay my taxes even if I appeal?

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Question: Do I still have to pay my tax bill when I get it, even though I’m appealing the assessment?

Answer: Yes, you are still required to pay while your appeal is pending. Otherwise, you will be charged interest and penalty under the usual rules for late payment (and a tax lien could be filed against your home at the start of the following year).

 

If you win your assessment appeal and your tax bill is reduced, you will get a refund for the overpaid tax.

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QUESTION: How Much Will My Real Estate Bill Go UP in 2012?

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THE CITY OF PITTSBURGH TOTAL RESIDENTIAL ASSESSMENTS WENT UP 46%. Will YOUR Taxes go Up?

ANSWER:
If your individual assessment went up a certain amount (95%, for example), that does NOT mean you’re going to pay the same increase in your actual real estate tax amount.

There are two factors that together will determine your actual tax increase.

The “Anti-Windfall” laws limit the additional real estate tax amounts that municipalities and school districts can collect up, after reassessment, to prevent them from collecting a windfall. (They can actually collect a little more, but for this discussion, assume that they can’t collect any more at all.)

Municipalities and school districts must lower their millage rates to prevent any excessive increase in tax revenue.

For example, since the City of Pittsburgh total residential tax base, or total of all the residential property assessments, went up 46% (i.e. the new total is 146% of the old), the City would need to lower its millage rate to about 69% of the previous millage rate to comply and avoid collecting (any) excess additional tax. (1.0 /1.46 = .69)

The still pending total increase in commercial property assessments in the City of Pittsburgh may affect this ratio.

To provide another example, if your individual City property assessment went up 46%, then (in theory, at least!) you should have no change in your individual tax bill.

If your individual property assessment doubled, or went up 100%, that’s a 37% relative additional increase compared to everyone’s overall increase (200% / 146% = 1.37%), and under this assessed value you would end up paying about 37% more in actual tax dollars than you did before.

If your assessment tripled, that’s a 105% additional relative increase compared to everyone else (300% / 146% = 2.05) , your taxes will more than double, to about 205% of the tax dollars you paid before.

Concerned?  Email Marks Elder Law to let us help you fight the new assessments.

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