Consent 5.
Regular Board of Supervisors Meeting
County Attorney
- Meeting Date:
- 09/27/2016
- Title:
- Approve Proposed Settlement of a Tax Appeal
- Submitted By:
- Rebecca Deatherage, County Attorney
- Department:
- County Attorney
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature NOT Required
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
0
NAME
of PRESENTER:
of PRESENTER:
n/a
TITLE
of PRESENTER:
of PRESENTER:
n/a
Docket Number (If applicable):
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Approve the proposed tax appeal settlement in Rich v. Cochise County, CV201600251, now pending in the Cochise County Superior Court.
Background:
Taxpayer filed a civil action in Cochise County Superior Court, seeking a reduction in assessed value of real property, as well as a Class change from Class 2 to Class 3,for tax year 2016. The property is identified as assessor parcel number 103-61-003A-8.
After inspecting the property, reviewing the taxpayer’s documentation and other market factors/comparables, the Assessor agrees that the property valuation should be adjusted for tax year 2016. The taxpayer recommended a settlement offer that adjusts the full cash value and limited property value as follows:
2016 TAX YEAR FROM TO
The Assessor recommends acceptance of the settlement offer with the addition that, pursuant to A.R.S. §42-12054, the property will be classified as Class 2 for 74 days or 20% of Tax Year 2016 and Class 3 for 291 days or 80% of Tax Year 2016.
Fiscal Impact & Funding Sources: Not applicable, no funding sources are required. Fiscal impact will be a reduction in the tax base.
After inspecting the property, reviewing the taxpayer’s documentation and other market factors/comparables, the Assessor agrees that the property valuation should be adjusted for tax year 2016. The taxpayer recommended a settlement offer that adjusts the full cash value and limited property value as follows:
2016 TAX YEAR FROM TO
- 103-61-003A-8: FCV $486,917 FCV $175,000
The Assessor recommends acceptance of the settlement offer with the addition that, pursuant to A.R.S. §42-12054, the property will be classified as Class 2 for 74 days or 20% of Tax Year 2016 and Class 3 for 291 days or 80% of Tax Year 2016.
Fiscal Impact & Funding Sources: Not applicable, no funding sources are required. Fiscal impact will be a reduction in the tax base.
Department's Next Steps (if approved):
Upon approval by the Board, Counsel for the County will sign a stipulation for entry of Judgment that has already been signed by the taxpayer, and will submit a form of Judgment to the Cochise County Superior Court disposing of this matter pursuant to the settlement terms.
Impact of NOT Approving/Alternatives:
Should the Board not approve the proposed settlement, the County will be subject to additional litigation and associated fees and costs. In addition, the Cochise County Superior Court could rule in the taxpayer’s favor, thereby reducing the assessed value of the subject property even further and subjecting the County to paying the Plaintiff’s fees and costs.
To BOS Staff: Document Disposition/Follow-Up:
Advise County Attorney's Office - Civil Division upon Board's approval.
Attachments
No file(s) attached.