7 LONG TITLE
8 General Description:
9 This bill amends provisions related to property valuation adjustments made by the
10 county board of equalization.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines "significant adjustment";
14 ▸ requires the county board of equalization to list separately a significant adjustment
15 on an agenda for a public hearing and provide certain property information; and
16 ▸ makes technical and conforming changes.
17 Money Appropriated in this Bill:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 59-2-1004, as last amended by Laws of Utah 2016, Chapter 98
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 59-2-1004 is amended to read:
27 59-2-1004. Appeal to county board of equalization -- Real property -- Time
28 period for appeal -- Public hearing requirements -- Decision of board -- Extensions
29 approved by commission -- Appeal to commission.
30 (1) (a) A taxpayer dissatisfied with the valuation or the equalization of the taxpayer's
31 real property may make an application to appeal by:
32 (i) filing the application with the county board of equalization within the time period
33 described in Subsection (2); or
34 (ii) making an application by telephone or other electronic means within the time
35 period described in Subsection (2) if the county legislative body passes a resolution under
36 Subsection (7) authorizing [
37 telephone or other electronic means.
38 (b) The county board of equalization shall make a rule describing the contents of the
39 application [
40 (2) (a) Except as provided in Subsection (2)(b)[
41 taxpayer shall make an application to appeal the valuation or the equalization of the taxpayer's
42 real property on or before the later of:
43 (i) September 15 of the current calendar year; or
44 (ii) the last day of a 45-day period beginning on the day on which the county auditor
45 provides the notice under Section 59-2-919.1.
46 (b) [
47 Utah Administrative Rulemaking Act, the commission shall make rules providing for
48 circumstances under which the county board of equalization is required to accept an application
49 to appeal that is filed after the time period prescribed in Subsection (2)(a).
50 (3) The owner shall include in the application under Subsection (1)(a)(i) the owner's
51 estimate of the fair market value of the property and any evidence [
52 that the assessed valuation of the owner's property is improperly equalized with the assessed
53 valuation of comparable properties.
54 (4) In reviewing evidence submitted to a county board of equalization by or on behalf
55 of an owner or a county assessor, the county board of equalization shall consider and weigh:
56 (a) the accuracy, reliability, and comparability of the evidence presented by the owner
57 or the county assessor;
58 (b) if submitted, the sales price of relevant property that was under contract for sale as
59 of the lien date but sold after the lien date;
60 (c) if submitted, the sales offering price of property that was offered for sale as of the
61 lien date but did not sell, including considering and weighing the amount of time for which,
62 and manner in which, the property was offered for sale; and
63 (d) if submitted, other evidence that is relevant to determining the fair market value of
64 the property.
65 (5) (a) The county board of equalization shall meet and hold public hearings as
67 (b) (i) For purposes of this Subsection (5)(b), "significant adjustment" means a
68 proposed adjustment to the valuation of real property that:
69 (A) is to be made by a county board of equalization; and
70 (B) would result in a valuation that differs from the original assessed value by at least
71 20% and $1,000,000.
72 (ii) When a county board of equalization is going to consider a significant adjustment,
73 the county board of equalization shall:
74 (A) list the significant adjustment as a separate item on the agenda of the public
75 hearing at which the county board of equalization is going to consider the significant
76 adjustment; and
77 (B) for purposes of the agenda described in Subsection (5)(b)(ii)(A), provide a
78 description of the property for which the county board of equalization is considering a
79 significant adjustment.
81 accordance with this section within [
82 taxpayer makes an application [
84 Subsection (5)(b) for a county board of equalization to make a decision on an appeal.
86 Subsection (5)[
87 within the time period described in Subsection (5)[
88 (i) list the appeal, by property owner and parcel number, on the agenda for the next
89 meeting [
90 period described in Subsection (5)[
91 (ii) hear the appeal at the meeting described in Subsection (5)[
93 (i) a determination of the valuation of the property based on fair market value[
94 (ii) a conclusion that the fair market value is properly equalized with the assessed value
95 of comparable properties.
100 deviates plus or minus 5% from the assessed value of comparable properties, the county board
101 of equalization shall adjust the valuation of the appealed property [
102 a value equalized with the assessed value of comparable properties.
103 (ii) Subject to Sections 59-2-301.1, 59-2-301.2, 59-2-301.3, and 59-2-301.4, equalized
104 value established under Subsection (5)[
105 purposes until the county assessor is able to evaluate and equalize the assessed value of all
106 comparable properties to bring [
107 market value.
108 (6) If any taxpayer is dissatisfied with the decision of the county board of equalization,
109 the taxpayer may file an appeal with the commission as [
111 (7) A county legislative body may pass a resolution authorizing taxpayers owing taxes
112 on property assessed by that county to file property tax appeals applications under this section
113 by telephone or other electronic means.