Text: S05232                            Text: S05234
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5233

Amendment Text

PAG LIN
  1  1    Amend Senate File 2296 as follows:
  1  2    #1.  Page 13, by striking lines 1 through 11 and
  1  3 inserting the following:  "However, in assessing
  1  4 property that is rented or leased to low-income
  1  5 individuals and families as authorized by section 42
  1  6 of the Internal Revenue Code, as amended, and which
  1  7 section limits the amount that establishes annually
  1  8 the rent the individual or family pays for the rental
  1  9 or lease of units in the property, the assessor shall
  1 10 use the productive and earning capacity from the
  1 11 actual rents received as a method of appraisal and
  1 12 shall take into account the extent to which that use
  1 13 and limitation reduces the market value of the
  1 14 property section 42 rents in conjunction with the
  1 15 income method of appraisal in compliance with the
  1 16 uniform standards of professional appraisal practice
  1 17 to arrive at the assessed value for the property.  In
  1 18 no case shall the value of the property exceed the
  1 19 assessed value if it had been valued without
  1 20 consideration to the special procedures established
  1 21 herein for section 42 properties.  In arriving at the
  1 22 actual value of the property, the impact of applicable
  1 23 rent restrictions, affordability requirements, or any
  1 24 other related restrictions prescribed by any federal
  1 25 or state programs shall be considered.  The assessor
  1 26 shall not directly or indirectly consider any tax
  1 27 credit equity or other subsidized financing as income
  1 28 provided to the property in determining the assessed
  1 29 value.  An owner of section 42 property may elect to
  1 30 not have such property assessed using the section 42
  1 31 valuation process by notifying the assessor in writing
  1 32 prior to March 1 of each assessment year."
  1 33    #2.  Page 13, by inserting after line 28 the
  1 34 following:
  1 35    "Sec.    .  Section 441.37, subsection 3, Code
  1 36 Supplement 2003, is amended by adding the following
  1 37 new unnumbered paragraph:
  1 38    NEW UNNUMBERED PARAGRAPH.  If an assessment is
  1 39 protested pursuant to subsection 1, paragraphs "a",
  1 40 "b", "c", "d", and "e", costs of the protest incurred
  1 41 by the property owner or taxpayer protesting the
  1 42 assessment shall be paid from the respective
  1 43 assessment expense fund of the city or county
  1 44 described in section 441.16, if the board of review
  1 45 determines that the assessed value protested is
  1 46 greater than one hundred ten percent of the assessed
  1 47 value of the property as determined by the assessor.
  1 48 These costs incurred by the property owner or taxpayer
  1 49 may include reasonable attorney fees, property
  1 50 appraisal reports, expert testimony, travel and
  2  1 lodging, and any other costs incurred by the property
  2  2 owner or taxpayer who filed the protest if such costs
  2  3 are reasonably related to the protest.
  2  4    Sec.    .  Section 441.40, Code 2003, is amended by
  2  5 adding the following new unnumbered paragraph:
  2  6    NEW UNNUMBERED PARAGRAPH.  However, costs of the
  2  7 appeal incurred by the property owner or taxpayer
  2  8 appealing the action of the board of review on an
  2  9 assessment protested pursuant to section 441.37,
  2 10 subsection 1, paragraphs "a", "b", "c", "d", and "e",
  2 11 shall be paid from the respective assessment expense
  2 12 fund of the city or county described in section
  2 13 441.16, if the court determines that the assessed
  2 14 value appealed is greater than one hundred ten percent
  2 15 of the assessed value of the property as determined by
  2 16 the board of review or if the judgment of the court
  2 17 results in the assessed value being reduced such that
  2 18 the assessed value appealed is greater than one
  2 19 hundred ten percent of the assessed value placed on
  2 20 the property pursuant to the decision of the court.
  2 21 These costs incurred by the property owner or taxpayer
  2 22 may include reasonable attorney fees, property
  2 23 appraisal reports, expert testimony, court recorders,
  2 24 depositions, travel and lodging, and any other costs
  2 25 incurred by the property owner or taxpayer who filed
  2 26 the appeal if such costs are reasonably related to the
  2 27 appeal." 
  2 28 
  2 29 
  2 30                               
  2 31 STEVEN H. WARNSTADT
  2 32 SF 2296.201 80
  2 33 mg/sh
     

Text: S05232                            Text: S05234
Text: S05200 - S05299                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index


© 2004 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu Apr 1 03:31:10 CST 2004
URL: /DOCS/GA/80GA/Legislation/S/05200/S05233/040331.html
jhf