House File 863 - Introduced



                                     HOUSE FILE       
                                     BY  COMMITTEE ON WAYS AND MEANS

                                     (SUCCESSOR TO HF 437)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to property assessment by allowing the combining
  2    of protests of assessment on multiple parcels separately
  3    assessed and by providing for reimbursement of costs for
  4    certain appeals of the action of the local board of review and
  5    including an applicability date.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 2891HV 81
  8 sc/pj/5

PAG LIN



  1  1    Section 1.  Section 441.37, subsection 1, Code 2005, is
  1  2 amended by adding the following new unnumbered paragraph:
  1  3    NEW UNNUMBERED PARAGRAPH.  The property owner or aggrieved
  1  4 taxpayer may combine on one form protests of assessment on
  1  5 parcels separately assessed if the same grounds are relied
  1  6 upon as the basis for protesting each separate assessment.  If
  1  7 an oral hearing is requested on more than one of such
  1  8 protests, the person making the combined protests may request
  1  9 that the oral hearings be held consecutively.
  1 10    Sec. 2.  Section 441.37, subsection 3, Code 2005, is
  1 11 amended to read as follows:
  1 12    3.  After the board of review has considered any protest
  1 13 filed by a property owner or aggrieved taxpayer and made final
  1 14 disposition of the protest, the board shall give written
  1 15 notice to the property owner or aggrieved taxpayer who filed
  1 16 the protest of the action taken by the board of review on the
  1 17 protest.  The written notice to the property owner or
  1 18 aggrieved taxpayer shall also specify the reasons for the
  1 19 action taken by the board of review on the protest.  If
  1 20 protests of assessment on multiple parcels separately assessed
  1 21 were combined, the written notice shall state the action
  1 22 taken, and the reasons for the action, for each assessment
  1 23 protested.
  1 24    Sec. 3.  NEW SECTION.  441.40A  REIMBURSEMENT OF APPELLANT
  1 25 COSTS.
  1 26    1.  Notwithstanding section 441.40, where the court
  1 27 determines the appellant's property was assessed by the
  1 28 assessor for more than one hundred ten percent of its post=
  1 29 appeal value, the assessor shall pay all reasonable attorney
  1 30 fees and any other reasonably related costs incurred by the
  1 31 appellant.  This subsection applies only to appeals relating
  1 32 to assessments on property assessed as residential or
  1 33 agricultural property.
  1 34    2.  Notwithstanding section 441.40, where the court
  1 35 determines the appellant's property was assessed by the
  2  1 assessor for more than one hundred twenty percent of its post=
  2  2 appeal value and the court finds that the assessor's position
  2  3 in regard to assessment of the property was not substantially
  2  4 justified, the assessor shall pay all reasonable attorney fees
  2  5 and any other reasonably related costs incurred by the
  2  6 appellant.  This subsection applies only to appeals relating
  2  7 to assessments on property assessed as commercial or
  2  8 industrial property.
  2  9    Sec. 4.  APPLICABILITY DATE.  The sections of this Act
  2 10 amending section 441.37 apply to protests of assessment filed
  2 11 after January 1, 2006.
  2 12                           EXPLANATION
  2 13    This bill allows an aggrieved taxpayer or property owner to
  2 14 combine on one form protests of assessment on multiple parcels
  2 15 separately assessed if the same grounds are relied upon as the
  2 16 basis for protesting each separate assessment.  If multiple
  2 17 protests are combined, the written notice of action taken by
  2 18 the board of review, and the reasons for the action taken,
  2 19 shall be provided for each assessment protested.  This portion
  2 20 of the bill applies to protests of assessment filed after
  2 21 January 1, 2006.
  2 22    The bill also provides that in a property assessment appeal
  2 23 relating to assessment of agricultural or residential
  2 24 property, if the court determines that the property in
  2 25 question was assessed at more than 110 percent of its post=
  2 26 appeal value and the assessment was not substantially
  2 27 justified, the assessor shall pay all reasonable attorney fees
  2 28 and costs of the appellant's appeal.
  2 29    The bill further provides that in a property assessment
  2 30 appeal relating to assessment of commercial or industrial
  2 31 property, if the court determines that the property in
  2 32 question was assessed at more than 120 percent of its post=
  2 33 appeal value and the assessment was not substantially
  2 34 justified, the assessor shall pay all reasonable attorney fees
  2 35 and costs of the appellant's appeal.
  3  1 LSB 2891HV 81
  3  2 sc:rj/pj/5