The Property Assessment Appeal
or
Proof that the members of the Pennsylvania Legislature are delusional
If you download this file from the Pennsylvania State Legislature you can read some preliminary text to their take on the appeal process. If you begin reading the next to last paragraph on page 145 and continue on to the next page you will read something very interesting. (Don't worry, the download is only 8 pages, they just don't start at page 1.) The following sentence, referring primarily to school districts, is in the paragraph at the top of page 146: "Taxing districts have the same right of appeal as property owners with regard to real property assessments." THAT is a bald faced lie. It's absolutely shameful and utterly repugnant.
Why is the above totally false?
1 - If we only consider the sentence at face value, and especially the meaning of the word "same":
- As a property owner, YOU cannot appeal the assessment of any property other than your own. Ever. Period. School districts can appeal the assessment of any property within the geographic bounds of their authority.
- YOU can appeal the assessment of your property any time you feel it's out of line although generally before a certain date in any given year. School districts can only appeal an assessment if a "triggering event" has occurred.
2 - What if we consider some more practical aspects of the sentence?
- You have just purchased a property and it's overassessed based on what you just paid. Your naïveté causes you to call your friendly assessment office assuming a phone call is all that is needed to correct the problem. Here's what happens:
- You are told you paid too little for the property and the assessment is correct. (You must have been dealing with a mentally challenged seller, the seller's mentally challenged agent, and the seller's mentally challenged attorney.)
- You get red in the face and stammer and refute the statement.
- You are told you need to file an appeal.
- You are told you need a form.
- You are told you should find 6-8 properties that have recently sold on the market that support the basis for your appeal. (????) Call your friend who's in real estate.
- You are told it would be a good idea to have the property appraised by a certified appraiser. ($350)
- You are told that it would be a good idea to have an attorney represent you at your appeal. ($600)
- Weeks go by and you spend all kinds of time and money and maybe will be successful to some degree.
- The solicitor for the school district is told by your school district manager that your property has just sold for more than it is assessed. Here's what happens:
- The solicitor calls his attorney buddy at the county solicitor's office and tells him about your property. A couple of papers and signatures and in one week you have your new assessment notice in your mailbox!
If you think the above is exaggerated, please read THIS.
The Springfield School District case, 879 A.2d 335 (Pa. Cmwlth. 2005), cited in the Pennsylvania Legislator's Municipal Deskbook assessment pages can be seen by clicking here.
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