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