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