1     
PROPERTY TAX APPEALS PROCESS AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ann Millner

5     
House Sponsor: Val L. Peterson

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to appeals to a county board of equalization.
10     Highlighted Provisions:
11          This bill:
12          ▸     in an appeal to a county board of equalization, requires the parties to disclose
13     certain evidence before the public hearing on the appeal;
14          ▸     allows a party to provide a written response to any previously undisclosed evidence
15     that another party presents at the public hearing;
16          ▸     authorizes a county board of equalization to create rules related to the disclosures
17     described in this bill, provided the rules are no less stringent than the provisions of
18     this bill; and
19          ▸     makes technical and conforming changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          59-2-1004, as last amended by Laws of Utah 2021, Chapter 377
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 59-2-1004 is amended to read:

30          59-2-1004. Appeal to county board of equalization -- Real property -- Time
31     period for appeal -- Public hearing requirements -- Decision of board -- Extensions
32     approved by commission -- Appeal to commission.
33          (1) As used in this section:
34          (a) "Final assessed value" means:
35          (i) for real property for which the taxpayer appealed the valuation or equalization to the
36     county board of equalization in accordance with this section, the value given to the real
37     property by the county board of equalization, including a value based on a stipulation of the
38     parties;
39          (ii) for real property for which the taxpayer or a county assessor appealed the valuation
40     or equalization to the commission in accordance with Section 59-2-1006, the value given to the
41     real property by:
42          (A) the commission, if the commission has issued a decision in the appeal or the
43     parties have entered a stipulation; or
44          (B) a county board of equalization, if the commission has not yet issued a decision in
45     the appeal and the parties have not entered a stipulation; or
46          (iii) for real property for which the taxpayer or a county assessor sought judicial review
47     of the valuation or equalization in accordance with Section 59-1-602 or Title 63G, Chapter 4,
48     Part 4, Judicial Review, the value given the real property by the commission.
49          (b) "Inflation adjusted value" means the value of the real property that is the subject of
50     the appeal as calculated by changing the final assessed value for the previous taxable year for
51     the real property by the median property value change.
52          (c) "Median property value change" means the midpoint of the property value changes
53     for all real property that is:
54          (i) of the same class of real property as the qualified real property; and
55          (ii) located within the same county and within the same market area as the qualified
56     real property.
57          (d) "Property value change" means the percentage change in the fair market value of

58     real property on or after January 1 of the previous year and before January 1 of the current year.
59          (e) "Qualified real property" means real property:
60          (i) for which:
61          (A) the taxpayer or a county assessor appealed the valuation or equalization for the
62     previous taxable year to the county board of equalization in accordance with this section or the
63     commission in accordance with Section 59-2-1006;
64          (B) the appeal described in Subsection (1)(e)(i)(A), resulted in a final assessed value
65     that was lower than the assessed value; and
66          (C) the assessed value for the current taxable year is higher than the inflation adjusted
67     value; and
68          (ii) that, on or after January 1 of the previous taxable year and before January 1 of the
69     current taxable year, has not had a qualifying change.
70          (f) "Qualifying change" means one of the following changes to real property that
71     occurs on or after January 1 of the previous taxable year and before January 1 of the current
72     taxable year:
73          (i) a physical improvement if, solely as a result of the physical improvement, the fair
74     market value of the physical improvement equals or exceeds the greater of 10% of fair market
75     value of the real property or $20,000;
76          (ii) a zoning change, if the fair market value of the real property increases solely as a
77     result of the zoning change; or
78          (iii) a change in the legal description of the real property, if the fair market value of the
79     real property increases solely as a result of the change in the legal description of the real
80     property.
81          (2) (a) A taxpayer dissatisfied with the valuation or the equalization of the taxpayer's
82     real property may make an application to appeal by:
83          (i) filing the application with the county board of equalization within the time period
84     described in Subsection (3); or
85          (ii) making an application by telephone or other electronic means within the time

86     period described in Subsection (3) if the county legislative body passes a resolution under
87     Subsection [(8)] (9) authorizing a taxpayer to make an application by telephone or other
88     electronic means.
89          (b) (i) The county board of equalization shall make a rule describing the contents of the
90     application.
91          (ii) In addition to any information the county board of equalization requires, the
92     application shall include information about:
93          (A) the burden of proof in an appeal involving qualified real property; and
94          (B) the process for the taxpayer to learn the inflation adjusted value of the qualified
95     real property.
96          (c) (i) (A) The county assessor shall notify the county board of equalization of a
97     qualified real property's inflation adjusted value within 15 business days after the date on which
98     the county assessor receives notice that a taxpayer filed an appeal with the county board of
99     equalization.
100          (B) The county assessor shall notify the commission of a qualified real property's
101     inflation adjusted value within 15 business days after the date on which the county assessor
102     receives notice that a person dissatisfied with the decision of a county board of equalization
103     files an appeal with the commission.
104          (ii) (A) A person may not appeal a county assessor's calculation of inflation adjusted
105     value but may appeal the fair market value of a qualified real property.
106          (B) A person may appeal a determination of whether, on or after January 1 of the
107     previous taxable year and before January 1 of the current taxable year, real property had a
108     qualifying change.
109          (3) (a) Except as provided in Subsection (3)(b) and for purposes of Subsection (2), a
110     taxpayer shall make an application to appeal the valuation or the equalization of the taxpayer's
111     real property on or before the later of:
112          (i) September 15 of the current calendar year; or
113          (ii) the last day of a 45-day period beginning on the day on which the county auditor

114     provides the notice under Section 59-2-919.1.
115          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
116     commission shall make rules providing for circumstances under which the county board of
117     equalization is required to accept an application to appeal that is filed after the time period
118     prescribed in Subsection (3)(a).
119          (4) (a) Except as provided in Subsection (4)(b), the taxpayer shall include in the
120     application under Subsection (2)(a):
121          (i) the taxpayer's estimate of the fair market value of the property and any evidence that
122     may indicate that the assessed valuation of the taxpayer's property is improperly equalized with
123     the assessed valuation of comparable properties; and
124          (ii) a signed statement of the personal property located in a multi-tenant residential
125     property, as that term is defined in Section 59-2-301.8 if the taxpayer:
126          (A) appeals the value of multi-tenant residential property assessed in accordance with
127     Section 59-2-301.8; and
128          (B) intends to contest the value of the personal property located within the multi-tenant
129     residential property.
130          (b) (i) For an appeal involving qualified real property:
131          (A) the county board of equalization shall presume that the fair market value of the
132     qualified real property is equal to the inflation adjusted value; and
133          (B) except as provided in Subsection (4)(b)(ii), the taxpayer may provide the
134     information described in Subsection (4)(a).
135          (ii) If the taxpayer seeks to prove that the fair market value of the qualified real
136     property is below the inflation adjusted value, the taxpayer shall provide the information
137     described in Subsection (4)(a).
138          (5) In reviewing evidence submitted to a county board of equalization by or on behalf
139     of an owner or a county assessor, the county board of equalization shall consider and weigh:
140          (a) the accuracy, reliability, and comparability of the evidence presented by the owner
141     or the county assessor;

142          (b) if submitted, the sales price of relevant property that was under contract for sale as
143     of the lien date but sold after the lien date;
144          (c) if submitted, the sales offering price of property that was offered for sale as of the
145     lien date but did not sell, including considering and weighing the amount of time for which,
146     and manner in which, the property was offered for sale; and
147          (d) if submitted, other evidence that is relevant to determining the fair market value of
148     the property.
149          (6) (a) Except as provided in Subsection (6)(c), at least five days before the day on
150     which the county board of equalization holds a public hearing on an appeal:
151          (i) the county assessor shall provide the taxpayer any evidence the county assessor
152     relies upon in support of the county assessor's valuation; and
153          (ii) the taxpayer shall provide the county assessor any evidence not previously provided
154     to the county assessor that the taxpayer relies upon in support of the taxpayer's appeal.
155          (b) (i) The deadline described in Subsection (6)(a) does not apply to evidence that is
156     commercial information as defined in Section 59-1-404, if:
157          (A) for the purpose of complying with Section 59-1-404, the county assessor requires
158     that the taxpayer execute a nondisclosure agreement before the county assessor discloses the
159     evidence; and
160          (B) the taxpayer fails to execute the nondisclosure agreement before the deadline
161     described in Subsection (6)(a).
162          (ii) The county assessor shall disclose evidence described in Subsection (6)(b)(i) as
163     soon as practicable after the county assessor receives the executed nondisclosure agreement.
164          (iii) The county assessor shall provide the taxpayer a copy of the nondisclosure
165     agreement with reasonable time for the taxpayer to review and execute the agreement before
166     the deadline described in Subsection (6)(a) expires.
167          (c) If at the public hearing, a party presents evidence not previously provided to the
168     other party, the county board of equalization shall allow the other party to respond to the
169     evidence in writing within 10 days after the day on which the public hearing occurs.

170          (d) (i) A county board of equalization may adopt rules governing the deadlines
171     described in this Subsection (6), if the rules are no less stringent than the provisions of this
172     Subsection (6).
173          (ii) A county board of equalization's rule that complies with Subsection (6)(d)(i)
174     controls over the provisions of this subsection.
175          [(6)] (7) (a) The county board of equalization shall meet and hold public hearings as
176     described in Section 59-2-1001.
177          (b) (i) For purposes of this Subsection [(6)] (7)(b), "significant adjustment" means a
178     proposed adjustment to the valuation of real property that:
179          (A) is to be made by a county board of equalization; and
180          (B) would result in a valuation that differs from the original assessed value by at least
181     20% and $1,000,000.
182          (ii) When a county board of equalization is going to consider a significant adjustment,
183     the county board of equalization shall:
184          (A) list the significant adjustment as a separate item on the agenda of the public
185     hearing at which the county board of equalization is going to consider the significant
186     adjustment; and
187          (B) for purposes of the agenda described in Subsection [(6)] (7)(b)(ii)(A), provide a
188     description of the property for which the county board of equalization is considering a
189     significant adjustment.
190          (c) The county board of equalization shall make a decision on each appeal filed in
191     accordance with this section within 60 days after the day on which the taxpayer makes an
192     application.
193          (d) The commission may approve the extension of a time period provided for in
194     Subsection [(6)] (7)(c) for a county board of equalization to make a decision on an appeal.
195          (e) Unless the commission approves the extension of a time period under Subsection
196     [(6)] (7)(d), if a county board of equalization fails to make a decision on an appeal within the
197     time period described in Subsection [(6)] (7)(c), the county legislative body shall:

198          (i) list the appeal, by property owner and parcel number, on the agenda for the next
199     meeting the county legislative body holds after the expiration of the time period described in
200     Subsection [(6)] (7)(c); and
201          (ii) hear the appeal at the meeting described in Subsection [(6)] (7)(e)(i).
202          (f) The decision of the county board of equalization shall contain:
203          (i) a determination of the valuation of the property based on fair market value; and
204          (ii) a conclusion that the fair market value is properly equalized with the assessed value
205     of comparable properties.
206          (g) If no evidence is presented before the county board of equalization, the county
207     board of equalization shall presume that the equalization issue has been met.
208          (h) (i) If the fair market value of the property that is the subject of the appeal deviates
209     plus or minus 5% from the assessed value of comparable properties, the county board of
210     equalization shall adjust the valuation of the appealed property to reflect a value equalized with
211     the assessed value of comparable properties.
212          (ii) Subject to Sections 59-2-301.1, 59-2-301.2, 59-2-301.3, and 59-2-301.4, equalized
213     value established under Subsection [(6)] (7)(h)(i) shall be the assessed value for property tax
214     purposes until the county assessor is able to evaluate and equalize the assessed value of all
215     comparable properties to bring all comparable properties into conformity with full fair market
216     value.
217          [(7)] (8) If any taxpayer is dissatisfied with the decision of the county board of
218     equalization, the taxpayer may file an appeal with the commission as described in Section
219     59-2-1006.
220          [(8)] (9) A county legislative body may pass a resolution authorizing taxpayers owing
221     taxes on property assessed by that county to file property tax appeals applications under this
222     section by telephone or other electronic means.