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     Committee Note:
9          The Revenue and Taxation Interim Committee recommended this bill.
10               Legislative Vote:     13 voting for     0 voting against     6 absent
11     General Description:
12          This bill modifies provisions related to appeals to a county board of equalization.
13     Highlighted Provisions:
14          This bill:
15          ▸     in an appeal to a county board of equalization, requires the parties to disclose
16     certain evidence before the public hearing on the appeal;
17          ▸     allows a party to provide a written response to any previously undisclosed evidence
18     that another party presents at the public hearing;
19          ▸     authorizes a county board of equalization to create rules related to the disclosures
20     described in this bill, provided the rules are no less stringent than the provisions of
21     this bill; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:

28     AMENDS:
29          59-2-1004, as last amended by Laws of Utah 2021, Chapter 377
30     

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

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

90     Subsection [(8)] (9) authorizing a taxpayer to make an application by telephone or other
91     electronic means.
92          (b) (i) The county board of equalization shall make a rule describing the contents of the
93     application.
94          (ii) In addition to any information the county board of equalization requires, the
95     application shall include information about:
96          (A) the burden of proof in an appeal involving qualified real property; and
97          (B) the process for the taxpayer to learn the inflation adjusted value of the qualified
98     real property.
99          (c) (i) (A) The county assessor shall notify the county board of equalization of a
100     qualified real property's inflation adjusted value within 15 business days after the date on which
101     the county assessor receives notice that a taxpayer filed an appeal with the county board of
102     equalization.
103          (B) The county assessor shall notify the commission of a qualified real property's
104     inflation adjusted value within 15 business days after the date on which the county assessor
105     receives notice that a person dissatisfied with the decision of a county board of equalization
106     files an appeal with the commission.
107          (ii) (A) A person may not appeal a county assessor's calculation of inflation adjusted
108     value but may appeal the fair market value of a qualified real property.
109          (B) A person may appeal a determination of whether, on or after January 1 of the
110     previous taxable year and before January 1 of the current taxable year, real property had a
111     qualifying change.
112          (3) (a) Except as provided in Subsection (3)(b) and for purposes of Subsection (2), a
113     taxpayer shall make an application to appeal the valuation or the equalization of the taxpayer's
114     real property on or before the later of:
115          (i) September 15 of the current calendar year; or
116          (ii) the last day of a 45-day period beginning on the day on which the county auditor
117     provides the notice under Section 59-2-919.1.
118          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
119     commission shall make rules providing for circumstances under which the county board of
120     equalization is required to accept an application to appeal that is filed after the time period

121     prescribed in Subsection (3)(a).
122          (4) (a) Except as provided in Subsection (4)(b), the taxpayer shall include in the
123     application under Subsection (2)(a):
124          (i) the taxpayer's estimate of the fair market value of the property and any evidence that
125     may indicate that the assessed valuation of the taxpayer's property is improperly equalized with
126     the assessed valuation of comparable properties; and
127          (ii) a signed statement of the personal property located in a multi-tenant residential
128     property, as that term is defined in Section 59-2-301.8 if the taxpayer:
129          (A) appeals the value of multi-tenant residential property assessed in accordance with
130     Section 59-2-301.8; and
131          (B) intends to contest the value of the personal property located within the multi-tenant
132     residential property.
133          (b) (i) For an appeal involving qualified real property:
134          (A) the county board of equalization shall presume that the fair market value of the
135     qualified real property is equal to the inflation adjusted value; and
136          (B) except as provided in Subsection (4)(b)(ii), the taxpayer may provide the
137     information described in Subsection (4)(a).
138          (ii) If the taxpayer seeks to prove that the fair market value of the qualified real
139     property is below the inflation adjusted value, the taxpayer shall provide the information
140     described in Subsection (4)(a).
141          (5) In reviewing evidence submitted to a county board of equalization by or on behalf
142     of an owner or a county assessor, the county board of equalization shall consider and weigh:
143          (a) the accuracy, reliability, and comparability of the evidence presented by the owner
144     or the county assessor;
145          (b) if submitted, the sales price of relevant property that was under contract for sale as
146     of the lien date but sold after the lien date;
147          (c) if submitted, the sales offering price of property that was offered for sale as of the
148     lien date but did not sell, including considering and weighing the amount of time for which,
149     and manner in which, the property was offered for sale; and
150          (d) if submitted, other evidence that is relevant to determining the fair market value of
151     the property.

152          (6) (a) Except as provided in Subsection (6)(c), at least five days before the day on
153     which the county board of equalization holds a public hearing on an appeal:
154          (i) the county assessor shall provide the taxpayer any evidence the county assessor
155     relies upon in support of the county assessor's valuation; and
156          (ii) the taxpayer shall provide the county assessor any evidence not previously provided
157     to the county assessor that the taxpayer relies upon in support of the taxpayer's appeal.
158          (b) (i) The deadline described in Subsection (6)(a) does not apply to evidence that is
159     commercial information as defined in Section 59-1-404, if:
160          (A) for the purpose of complying with Section 59-1-404, the county assessor requires
161     that the taxpayer execute a nondisclosure agreement before the county assessor discloses the
162     evidence; and
163          (B) the taxpayer fails to execute the nondisclosure agreement before the deadline
164     described in Subsection (6)(a).
165          (ii) The county assessor shall disclose evidence described in Subsection (6)(b)(i) as
166     soon as practicable after the county assessor receives the executed nondisclosure agreement.
167          (iii) The county assessor shall provide the taxpayer a copy of the nondisclosure
168     agreement with reasonable time for the taxpayer to review and execute the agreement before
169     the deadline described in Subsection (6)(a) expires.
170          (c) If at the public hearing, a party presents evidence not previously provided to the
171     other party, the county board of equalization shall allow the other party to respond to the
172     evidence in writing within 10 days after the day on which the public hearing occurs.
173          (d) (i) A county board of equalization may adopt rules governing the deadlines
174     described in this Subsection (6), if the rules are no less stringent than the provisions of this
175     Subsection (6).
176          (ii) A county board of equalization's rule that complies with Subsection (6)(d)(i)
177     controls over the provisions of this subsection.
178          [(6)] (7) (a) The county board of equalization shall meet and hold public hearings as
179     described in Section 59-2-1001.
180          (b) (i) For purposes of this Subsection [(6)] (7)(b), "significant adjustment" means a
181     proposed adjustment to the valuation of real property that:
182          (A) is to be made by a county board of equalization; and

183          (B) would result in a valuation that differs from the original assessed value by at least
184     20% and $1,000,000.
185          (ii) When a county board of equalization is going to consider a significant adjustment,
186     the county board of equalization shall:
187          (A) list the significant adjustment as a separate item on the agenda of the public
188     hearing at which the county board of equalization is going to consider the significant
189     adjustment; and
190          (B) for purposes of the agenda described in Subsection [(6)] (7)(b)(ii)(A), provide a
191     description of the property for which the county board of equalization is considering a
192     significant adjustment.
193          (c) The county board of equalization shall make a decision on each appeal filed in
194     accordance with this section within 60 days after the day on which the taxpayer makes an
195     application.
196          (d) The commission may approve the extension of a time period provided for in
197     Subsection [(6)] (7)(c) for a county board of equalization to make a decision on an appeal.
198          (e) Unless the commission approves the extension of a time period under Subsection
199     [(6)] (7)(d), if a county board of equalization fails to make a decision on an appeal within the
200     time period described in Subsection [(6)] (7)(c), the county legislative body shall:
201          (i) list the appeal, by property owner and parcel number, on the agenda for the next
202     meeting the county legislative body holds after the expiration of the time period described in
203     Subsection [(6)] (7)(c); and
204          (ii) hear the appeal at the meeting described in Subsection [(6)] (7)(e)(i).
205          (f) The decision of the county board of equalization shall contain:
206          (i) a determination of the valuation of the property based on fair market value; and
207          (ii) a conclusion that the fair market value is properly equalized with the assessed value
208     of comparable properties.
209          (g) If no evidence is presented before the county board of equalization, the county
210     board of equalization shall presume that the equalization issue has been met.
211          (h) (i) If the fair market value of the property that is the subject of the appeal deviates
212     plus or minus 5% from the assessed value of comparable properties, the county board of
213     equalization shall adjust the valuation of the appealed property to reflect a value equalized with

214     the assessed value of comparable properties.
215          (ii) Subject to Sections 59-2-301.1, 59-2-301.2, 59-2-301.3, and 59-2-301.4, equalized
216     value established under Subsection [(6)] (7)(h)(i) shall be the assessed value for property tax
217     purposes until the county assessor is able to evaluate and equalize the assessed value of all
218     comparable properties to bring all comparable properties into conformity with full fair market
219     value.
220          [(7)] (8) If any taxpayer is dissatisfied with the decision of the county board of
221     equalization, the taxpayer may file an appeal with the commission as described in Section
222     59-2-1006.
223          [(8)] (9) A county legislative body may pass a resolution authorizing taxpayers owing
224     taxes on property assessed by that county to file property tax appeals applications under this
225     section by telephone or other electronic means.