From: Audrey Martin <Landfund@AOL.COM>
Subject: Re: [LT] Challenges to Tax Assessments on Eased Land
To: LANDTRUST-L@LISTSERV.INDIANA.EDU
Date: Wednesday, August 19, 2009, 10:27 AM

JIm,

 

In a protest to our appraisal district earlier this year, what worked was exactly what you said.  I pointed out  how "fair market value" was defined and then showed all the severe deed restrictions imposed by the Conservation Easement.  How can a property so encumbered be valued so high?   With a copy of the easement's prohibited uses:  no subdivision, no construction, no development, etc. , and the "before" and "after" appraisal" it was easy for the appraiser to see the point and reduce the value.  I could find no authority for conservation easements per se having a reduced value. 

 

Audrey Martin

McAllen, Texas

 

 

 

In a message dated 8/18/2009 5:05:25 PM Central Daylight Time, olmsted@LANDPROTECT.COM writes:

Dear Land Trusters, Landowners and Legal Counsel,

I have recently been retained by a Washington state landowner to appeal a property tax valuation and assessment on land under a conservation easement in Clark County, Washington.  In a nutshell, our legal argument will be that the assessed valuation is too high in that it is based on the fair market value of the property without a conservation easement.  In support of this argument, we will submit as evidence the “before and after” appraisals on the property.  These “before and after” appraisals were sufficient to support federal income tax deductions for a donated conservation easement on the property.

Our burning question, and presumably one in which many of you will have an interest, is whether anyone on the listserve is aware of any similar challenges, nationwide, to a county or city tax assessment based on the argument that the assessment is unfair or invalid because it is based on an overly high valuation which fails to take into account a conservation easement on the property?

As a corollary question, is anyone on the listserve aware of any court decisions, law review articles or other documents relating to this issue?

Many thanks in advance for your help!  If anyone else is interested in this issue, please let me know, and I will be happy to keep the listserve apprised of our progress in this legal challenge.

 

Best,

 

Jim Olmsted

 

 

James L. Olmsted, Esq.*
Conservation & Preservation Counsel, L.L.C. 
214 Trailside Loop
Eugene, OR 97405
Tel.: 541.554.3665
Fax: 541.345.8298

Cell: 541.870.0601

www.landprotect.com

olmsted@landprotect.com

*Admitted to practice law in:

California (active), Nevada (active),

Oregon (active) and Washington (active).

 

 

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