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After a 'Win' at the ARB - Does It 'Stick' next Year?

980 Views | 5 Replies | Last: 2 yr ago by Ribeye-Rare
Ribeye-Rare
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AG
Yep, that's the question -

Let's say you win at the ARB this year (2023). Moreover, let's say it's a sizeable win.

On January 1,2024, does the CAD even consider that you 'won' or does it just hit the 'reset' button and let their computers do the heavy lifting and just reappraise it at the un-adjusted 2023 value plus a certain percentage for good measure?

I went to a lot of trouble and expense this year (at least by my standards) on some commercial properties to put on a convincing argument before the ARB and I actually prevailed. And it wasn't a stretch - I had good and ample evidence on my side, this time.

Will I need to go through the same BS next year or will they at least give it a year rest?

What's your experience? Thanks.
CS78
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Only if you can show that the property has a longterm problem. Foundation, flood plane, etc. If you used comps, SORRY, return to start.
Keeper of The Spirits
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AG
Interested in your approach I've got a hearing towards the end of the month
jopatura
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AG
It won't stick next year. Maybe you'll have more luck because it's a commercial property, but residential goes back to the neighborhood equity grid.

My residential property last year was originally assessed at $595k, I got dropped to $535k, and it's back up to $624k this year. $624k wasn't even an appropriate value last year. However it's right in line with many houses in the neighborhood for CAD values.

Which is a crock of **** because there were 3 houses that closed in late Dec for $500k-$525k but the comps they used were on newer houses that sold in May/June.

This whole thing has gotten ridiculous. I'd rather pay $500 every year for a legitimate appraisal.
Ribeye-Rare
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AG
Fellas,

Thanks for sharing your experiences. You just gave me the answer I was afraid of getting.

All I can find on this situation in the Texas Tax Code is a provision stating that if you prevailed in an ARB hearing in year 'X' and then in year 'X+1' you get jacked back up, the burden of proof on the CAD shifts from 'a preponderance of the evidence (ie more likely than not)' to 'clear and convincing evidence'.

Oh boy. You still get to jump through the same hoops and I'm not really sure that change in the standard of proof will register much with the ARB members. Hell, it doesn't register much with me.

I figured you'd get a 1-year reprieve. Looks like I figured wrong.

Ribeye-Rare
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AG
Keeper of The Spirits said:

Interested in your approach I've got a hearing towards the end of the month
Sure, but remember you asked.

My situation may be pretty different from most, in that I was protesting a 400% increase in the value of some commercial land, so there were no flaws in the improvements for me to detail and quantify, but rather instead I argued that the CAD's 'comparables' were not comparable in the slightest and also included the unequal appraisal argument based on the assessed land values of a 'reasonable' number of adjacent comparable properties with adjustments.

The good thing about protesting only land is that any adjustments are pretty easy to calculate (and minimal if you select highly comparable properties). If instead you had to consider improvements, it gets pretty hairy. I'm not sure I could do that without paying for some professional help, and even then it gets pretty subjective. Even MAI's can diverge widely on values sometimes.

The good thing about the unequal appraisal argument is that you have ready access to the values the CAD put on your selected 'unequally appraised' properties. Of course, if those other properties are appraised just like yours (even if all are over 'market'), forget it, as you're wasting your time arguing unequal appraisal.

In the commercial realm, the CAD has real trouble getting sales comps here in Texas (but then so does the landowner). As a result, they sometimes have to go dig up comps way out in left field and many of those are easy to differentiate, provided you present some decent hardcopy evidence at the hearing.

That evidence may include population statistics within a certain radius, traffic counts, average income in a certain radius, etc... For example, a vacant lot in Fair Park shouldn't be compared with a vacant lot in Highland Park, even though technically, both are 'Park Cities'. {Sorry, I couldn't resist}. But, you need to show why that's the case. Throwing out the phrase 'common sense' or 'in my experience' usually doesn't count for much.

If you do want to put on a good show, it helps to have someone who is good with the graphical computer programs to produce colorful (and simple-to-understand) and well-labeled maps and charts and then put them in .pdf form with a table of contents for all your evidence.

If you use some of the stuff like population within a certain radius put in on a colored map and be sure to document on the same sheet the source and the date. Those are important. I can BS with the best of them when I need to, but you need to show the ARB 'hardcopy' evidence if you want to give them enough reason to rule in your favor. Just because they like you (or the stacked show model you brought with you) won't get you a win.

Good luck.

BTW, a new law went into effect on January 1, 2022. It states that the CAD must grant you an 'informal meeting' with the appraiser before your protest hearing, provided you requested it when you filed your protest. If you get that meeting, (I have in past years), you can often get things handled if you make decent points.

OTOH, I did request an informal meeting and was told they ran out of time for informal meetings, which apparently is now unlawful. It worked out in my favor, though, as it gave me more time to prepare good arguments and get together evidence.

I feel for you guys who protest your home valuations. I've never done that, even though they are upsetting some years. It seems with the 10% increase cap, and a whole slew of 'comps' they'll have (thanks to MLS) in your own neighborhood, that's a tough row to hoe, unless your home has some serious problems.

Again, good luck.
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