EDITORIAL: Update on Property Taxes, Part Two

Read Part One

During her 40-minute presentation to the Archuleta Board of County Commissioners, County Assesspr Johanna Tully-Elliot shared quite a bit of useful information about how the 2023 property appraisal was conducted.

Presumably, useful… to commissioners Ronnie Maez, Warren Brown and Veronica Medina… who, acting as the County Board of Equalization (CBOE), will be hearing the appeals from property owners who disagree with the Assessor’s response to their valuation protests.

I was pleased — listening to the presentation — to learn that the explanations and advice we’ve shared here in the Daily Post, about how to protest your new valuation, and how to choose comparable properties (“comps”) for your protest, were reasonably accurate.

One of the more important pieces of information shared on Tuesday came in response to a comments from Commissioner Veronica Medina, who worked as a realtor here in Pagosa Springs prior to her election to the BOCC.   Assessor Tully-Elliot has just finished a thorough explanation about how “price per square foot” was calculated in the mass appraisal system.  The Assessor noted that unheated areas of the home — porches, garages, decks, etc. — are included in the valuation, but at a modified price per square foot.

Commissioner Medina:

“So I see that, potentially, that’s why some people… their valuation will differ so much from yours, if they’ve had a realtor help them, because… typically, like you said, the realtors don’t take into consideration the unheated [square footage of the house].

“And the realtors generally start [when identifying comparable properties] at the neighborhood level; they don’t start at [for example] all one-story homes across the county as the beginning price point.

“So with that being said, those that come to the CBOE, do they have to present the information that they presented to you originally, or can they now have different information to provide?”

Good question.  What information can a property owner present at the CBOE hearing? 

In certain types of government appeals, the contesting parties are prohibited from introducing new information during the appeal hearing; they must rely only on evidence previously presented prior to the appeal.

Apparently, that is not the case with a CBOE appeal.

Assessor Tully-Elliot, answering Commissioner Medina’s question:

“So, let’s say, at the Assessor level, they just said, ‘The Assessor is out of her mind; this value is crazy and these taxes tripled.’  And it gets denied…

“So then, at the CBOE level, they decide, ‘Well, I should probably provide comps that I think are valid.’   So then they provide comps at the CBOE level. I will get that information, and [paralegal Mary Helminski] will get that, and I will look at it again — before it gets to you guys — and if we believe at that time, that they’ve submitted information that would change the value, we will stipulate before it gets to the CBOE.

“Or, if I feel like I can still support the value that I have, we’ll bring the case to the CBOE.”

Commissioner Ronnie Maez noted that, based on his past experiences with CBOE hearings, detailed information about the property can lead the CBOE to make adjustments.

“I remember one case where the view [from the house] was really pretty, but there were oil wells in the view.  So we reduced it a bit, because of the oil wells that were in their view.”

Assessor Tully-Elliot:

“And that’s up to you guys, if you want to do that.”

As mentioned yesterday in Part One, about 2,340 property owners have protested their valuation, and the Assessor and her staff have until tomorrow, June 30, to mail out their answers to the protests.

The values of each property, to be used for the 2024 property tax bills, were calculated mathematically through a mass-appraisal process, rather than based on in-person appraisal visits, so we can assume that, in some cases, the valuation missed the mark and ought to be questioned.  The deadline for protesting the 2023 valuation was June 8.

If the Assessor and her staff believe their valuation was accurate, she will tell the protesting property owner that no adjustment has been made, and presumably remind them of their right to file an appeal with the CBOE by July 15.  At the CBOE hearing, the property owner and the Assessor will each present their case for an valid valuation, and the CBOE will make a ruling, one way or another.

If the Assessor agrees that a particular valuation was incorrect, she will inform the property owner that the value has been adjusted and by how much.  The property owner can still appeal the adjusted value to the CBOE.

Earlier this month, we heard an estimate that, typically, about 10% of protests filed with the Assessor will result in CBOE hearings.  So maybe 230 appeals?

You can find more friendly (free) advice about property taxes in these Daily Post articles:

https://pagosadailypost.com/2023/06/15/editorial-dealing-with-the-property-valuation-increases-part-one/

https://pagosadailypost.com/2023/05/22/editorial-how-to-protest-your-property-valuation-part-one/

Remembering what they say. Free advice is worth the price.

Bill Hudson

Bill Hudson

Bill Hudson began sharing his opinions in the Pagosa Daily Post in 2004 and can’t seem to break the habit. He claims that, in Pagosa Springs, opinions are like pickup trucks: everybody has one.