The Burden of Proof – Real Estate Assessment Appeals

HB570 is an outstanding bill in the Virginia General Assembly that takes on particular relevance in 2010, with property assessments likely being challenged by some in Charlottesville, Albemarle and surrounding Counties.

Why? It “Changes the burden of proof from the taxpayer to the assessor when a taxpayer appeals the assessment of real property to a board of equalization or to a circuit court.”

CB. The burden of proof shall be upon the assessor when a taxpayer seeking seeks relief to show that because the property in question is valued at more than its fair market value, that the assessment is not uniform in its application, or that the assessment is otherwise not equalized. In order to receive relief, the taxpayer must produce substantial evidence that the valuation determined by the assessor is erroneous and was not arrived at in accordance with generally accepted appraisal practice. Mistakes of fact, including computation, that affect the assessment shall be deemed not to be in accordance with generally accepted appraisal practice.

Read the entire bill at Richmond Sunlight.

Are you paying attention to the bills related to real estate in the Virginia General Assembly?

(Visited 61 times, 1 visits today)

Leave A Comment

Your email address will not be published. Required fields are marked *