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WRIT OF MANDAMUS

Posted by Monte Bowman on December 7, 2015 at 8:40 PM Comments comments (43)

As many owners may know we filed a law suit in the Douglas County District Court against the Douglas County Assessor's Office and a Writ of Mandamus was issued. This first legal action against the assessor was done by the law firm of White & Jorgensen.


http://www.omaha.com/news/metro/douglas-county-aims-to-reduce-property-valuation-disputes-by-opening/article_f4075aaf-7019-5390-b34c-9ef31d6e07cb.html


There are other takes on this news as well.


http://www.washingtontimes.com/news/2015/feb/23/nebraska-judge-says-property-valuation-information/

http://journalstar.com/news/local/govt-and-politics/judge-says-property-valuation-information-needed/article_5043bf7a-be72-57e8-8267-ba0ae92c593a.html


What we were arguing about what was WHAT IS THE BASIS FOR ANY CURRENT YEAR'S VALUE? That may sound simple but not so when dealing with the Douglas County Assessor's Office. The BASIS FOR VALUE for the last 10 years was not created when the value changed. If you filed a protest to that change in value then an ASSESSMENT REPORT was created and given to the REFEREE whether you attended the hearing or not.

The new law in 2014 said you got to see a REFEREE and present mitigating evidece toward your value. This new law also states that when that information was given to them and that information would change the valuation, then the assessor is obligated to use that information in the valuation of your property.

This was important because PROFIT & LOSS STATEMENTS were being ignored. The last time PROFIT & LOSS STATEMENTS were used in the valuation by INCOME BASIS was in 2009. They were threatening owners that if divulged the information that they would make that information public.


http://www.hotel-online.com/News/PR2009_3rd/Jul09_TaxValuation.html

http://www.ketv.com/Innkeepers-Protest-Skyrocketing-Property-Valuations/10178920


Now, by law, the assessor must again start using the information supplied by the property owner and make adjustments accordingly. 



2014 VALUE CHANGE ON THE WEB ONLY

Posted by Monte Bowman on January 18, 2014 at 1:45 AM Comments comments (0)

GO TO:

http://www.omaha.com/article/20140113/NEWS/140119523


YOU DO NOT GET A NOTICE AS OF YET SENT TO YOU IN THE MAIL.

Property Valuation Protest - Douglas County

Posted by Monte Bowman on October 18, 2011 at 2:25 PM Comments comments (1)

Below is the most recent development with the Nebraska Attorney General.

 

Liz Eberle

Constituent Services Director

Nebraska Attorney General

 

Dear Liz:

 

About a month ago I filed a single complaint that concerned an Open Records Violation of the Douglas County Assessor's Office. It concerned production of Property Record Cards for 16 clients, 21 parcels. Four days is allowed by law with some leeway, however this required multiple requests for the same records as they were incomplete.

 

Here is how the system has been working. For the last three years the Douglas County Assessor has used the Referee System for Protesting Property Valuations. However, prior to that time Douglas County Residents would file a protest by the 30th day June. They were notified of the date the referee would hear their argument and would have to prepare evidence for the hearing. This gave you about two weeks to prepare for the hearing. This is done in Cass and Sarpy County as well.

 

Because of the volume of arguments the system was changed. Now you file your protest by the 30th day of June but must include all arguments with the protest. For the prior two years you would go to the Assessor's office and request the Property Record Card. It, by state law, has been all inclusive with the Property Profile, Worksheets, Supplemental Data, and Transfer Information. Nebraska Administrative Code, Title 350, Nebraska Department of Revenue, Property Assessment Division - Chapter 10 Real Property Regulations, 01.10 and 01.11.

 

The Douglas County Assessor’s Office, for “Auditing Purposes”, moved where the Property Record Card contents were located. When you make the same request as in prior years you now get the Property Profile Only. Now you have to request, specifically what it is in the Property Record Card that you would like. None of the information can be gathered in four days with the new system and there was no notification to anyone.

 

Normally with the Property Record Card being all inclusive you had plenty of time to read the file, prepare a protest and argument and have them submitted by the end of the month. This was not the case and I have some unhappy clients with one looking at a $67.000 tax increase.

 

Here is the best part, the Douglas County Assessor already admitted they violated the Open Records Statute. Follow the link below because this played out as above before the Douglas County Board of Commissionors. I am the first one after roll call.

 

 

 

http://www.douglascounty-ne.gov/board-meetings/index.php?option=com_avreloaded&view=popup&Itemid=142&divid=0802


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