House File 437 - Introduced HOUSE FILE BY PAULSEN Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to reimbursement of costs for certain appeals of 2 the action of the local board of review relating to property 3 assessments. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2891YH 81 6 sc/pj/5 PAG LIN 1 1 Section 1. NEW SECTION. 441.40A REIMBURSEMENT OF 1 2 APPELLANT COSTS. 1 3 1. Notwithstanding section 441.40, where the court 1 4 determines the appellant's property was originally assessed 1 5 for more than one hundred ten percent of its post=appeal 1 6 value, the assessor shall pay all reasonable attorney fees and 1 7 any other reasonably related costs incurred by the appellant. 1 8 This subsection applies only to appeals relating to 1 9 assessments on property assessed as residential or 1 10 agricultural property. 1 11 2. Notwithstanding section 441.40, where the court 1 12 determines the appellant's property was originally assessed 1 13 for more than one hundred twenty percent of its post=appeal 1 14 value and the court finds that the assessor's position in 1 15 regard to assessment of the property was not substantially 1 16 justified, the assessor shall pay all reasonable attorney fees 1 17 and any other reasonably related costs incurred by the 1 18 appellant. This subsection applies only to appeals relating 1 19 to assessments on property assessed as commercial or 1 20 industrial property. 1 21 EXPLANATION 1 22 This bill provides that in a property assessment appeal 1 23 relating to assessment of agricultural or residential 1 24 property, if the court determines that the property in 1 25 question was assessed at more than 110 percent of its post= 1 26 appeal value and the assessment was not substantially 1 27 justified, the assessor shall pay all reasonable attorney fees 1 28 and costs of the appellant's appeal. 1 29 The bill further provides that in a property assessment 1 30 appeal relating to assessment of commercial or industrial 1 31 property, if the court determines that the property in 1 32 question was assessed at more than 120 percent of its post= 1 33 appeal value and the assessment was not substantially 1 34 justified, the assessor shall pay all reasonable attorney fees 1 35 and costs of the appellant's appeal. 2 1 LSB 2891YH 81 2 2 sc:rj/pj/5