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REAL PROPERTY VALUATION AND APPEAL PROCESS
PRIOR TO FILING A FORMAL APPEAL WITH DURHAM COUNTY BOARD OF EQUALIZATION AND REVIEW INFORMATION WHICH FOLLOWS SHOULD BE CONSIDERED
REAL PROPERTY VALUATION AND APPEAL PROCESS...
EVERY PROPERTY OWNER HAS RIGHT OF FORMAL APPEAL ON A YEARLY BASIS.
APPEALS MAY BE FILED BEGINNING JANUARY 1 AND/OR AT ANY TIME PRIOR TO ADJOURNMENT OF THE BOARD OF EQUALIZATION AND REVIEW OR WITHIN TIME STIPULATION ON "NOTICE OF CHANGE OF VALUE". APPEALS ARE FOR CURRENT YEAR AND ARE NOT RETROACTIVE.
BY LAW THE BOARD OF EQUALIZATION AND REVIEW MAY CONSIDER ONLY THE VALUE OF PROPERTY AS OF JANUARY 1 OF COUNTY'S MOST RECENT GENERAL REAPPRAISAL (JANUARY 1, 2008), EXISTING OR POTENTIAL TAX LOAD IS NOT APPEALABLE.
ALL REAL PROPERTY IS REQUIRED TO BE APPRAISED (GENERAL REAPPRAISAL) AT LEAST ONCE EVERY EIGHT YEARS. NORTH CAROLINA USES AN OCTENNIAL REVALUATION CYCLE FOR COUNTIES. DURHAM COUNTY'S CYCLE IS EQUAL TO YEARS 1977-1985-1993-2001 ETC. A COUNTY MAY ADVANCE ITS CYCLE BY MAJORITY VOTE OF THE BOARD OF COMMISSIONERS.
EFFECTIVE DATE OF APPRAISAL IS JANUARY 1 OF EACH YEAR. STATEWIDE UNIFORM APPRAISAL STANDARD IS MARKET VALUE AS OF JANUARY 1 OF A SUBJECT COUNTY'S MOST RECENT GENERAL REAPPRAISAL. THEREFORE, ALL REAL PROPERTY IN DURHAM COUNTY REFLECTS CURRENT MARKET VALUE AS OF JANUARY 1, 2008; THAT DATE BEING EFFECTIVE DATE OF DURHAM'S MOST RECENT GENERAL REAPPRAISAL.
MARKET VALUE OF REAL PROPERTY IS CARRIED FORWARD EACH JANUARY 1 AND REMAINS CONSTANT UNTIL COUNTY'S NEXT GENERAL REAPPRAISAL UNLESS A CHANGE IS REQUIRED BY GENERAL STATUTE 105-287. VALUATION CHANGES ARE BASED ON SCHEDULES OF VALUES, STANDARDS, AND RULES ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS FOR THE JANUARY 1, 2008 GENERAL REAPPRAISAL AND MARKET VALUE IS AS OF THAT DATE; IT IS NOT THE CURRENT MARKET VALUE.
GENERAL STATUTE 105-287 PROVIDES FOR CHANGES IN REAL PROPERTY VALUE IN NON-REAPPRAISAL YEARS FOR REASONS THAT FOLLOW:
(1) CORRECT A CLERICAL OR MATHEMATICAL ERROR;
(2) CORRECT AN APPRAISAL ERROR RESULTING FROM A MISAPPLICATION OF THE SCHEDULES, STANDARDS, AND RULES USED IN COUNTY'S MOST RECENT GENERAL REAPPRAISAL;
(2a) RECOGNIZE AN INCREASE OR DECREASE IN THE VALUE OF THE PROPERTY RESULTING FROM A CONSERVATION OR PRESERVATION AGREEMENT;
(2b) RECOGNIZE AN INCREASE OR DECREASE IN THE VALUE OF THE PROPERTY RESULTING FROM A PHYSICAL CHANGE TO THE LAND OR TO THE IMPROVEMENTS ON THE LAND;
(2c) RECOGNIZE AN INCREASE OR DECREASE IN THE VALUE OF PROPERTY RESULTING FROM A CHANGE IN THE LEGALLY PERMITTED USE OF THE PROPERTY.
VALUATION CHANGE CYCLE IS JANUARY 1 THROUGH DECEMBER 31 EACH YEAR.
EXAMPLE: YOU OBTAIN A BUILDING PERMIT TO ADD AN ADDITION TO YOUR DWELLING ON FEBRUARY 15, 2005. THE ADDITION IS COMPLETE IN AUGUST 2005. THE COUNTY APPRAISER FOR YOUR AREA MAKES A SITE VISIT, UPDATES YOUR RECORD TO INCLUDE THE NEW ADDITION AND FINALIZES YOUR VALUE IN OCTOBER 2005. THE CHANGE (G.S. 105-287.2b - PHYSICAL CHANGE) TO YOUR PROPERTY VALUE BECOMES EFFECTIVE ON JANUARY 1, 2006. THE ASSESSOR'S OFFICE FORWARDS YOU A "NOTICE OF CHANGE OF VALUE", YOU ARE OF THE OPINION THAT THE NEW VALUE DOES NOT REPRESENT THE MARKET VALUE OF YOUR PROPERTY (AS OF JANUARY 1, 2001) AND FILE AN APPEAL DURING THE MONTH OF JANUARY 2006. THE BOARD OF EQUALIZATION AND REVIEW DURING MAY 2006 HEARS YOUR APPEAL. THE BOARD DECISION IS "NO CHANGE". THE INCREASE IN VALUE (ADDITION TO YOUR DWELLING) IS EFFECTIVE JANUARY 1, 2006 AND IS NOT RETROACTIVE. YOUR SEPTEMBER 2006 TAX BILL IS COMPUTED BASED ON THE JANUARY 1, 2006 VALUATION.
JANUARY 1 OF EACH YEAR REPRESENTS THE DATE ON WHICH...
- OWNERSHIP
- SITUS (LOCATION)
- AND VALUE
IS ESTABLISHED FOR ALL REAL PROPERTY
WHEN CONSIDERING AN APPEAL WEIGH THE FOLLOWING:
VALUATION CRITERIA IS 100% MARKET VALUE AS OF JANUARY 1, 2008.
IN ALL APPEALS BEFORE COUNTY BOARD OF EQUALIZATION AND REVIEW IT IS INCUMBENT ON APPEALING TAXPAYER TO PERSUADE THE BOARD, BY THE GREATER WEIGHT OF EVIDENCE, THAT THE ASSESSOR'S VALUE IS INCORRECT. MOREOVER, TAXPAYER MUST SHOW THAT THE VALUE PLACED ON THE PROPERTY BY THE ASSESSOR IS SUBSTANTIALLY GREATER THAN MARKET VALUE AS OF JANUARY 1, 2008.
THE BOARD OF EQUALIZATION AND REVIEW MAY LOWER, NO CHANGE, OR INCREASE A VALUE.
MARKET VALUE IS THE CRITERIA FOR TAXPAYER'S BURDEN OF PROOF; THESE POINTS SHOULD BE NOTED...
- IT IS MOST PROBABLE PRICE; IT IS NOT HIGHEST, LOWEST, OR AVERAGE PRICE.
- IT IS EXPRESSED IN TERMS OF MONEY.
- IT IMPLIES A REASONABLE TIME FOR ADVERTISED EXPOSURE TO THE MARKET.
- IT IMPLIES BUYER AND SELLER ARE INFORMED OF USES TO WHICH THE PROPERTY MAY BE PUT.
- IT REQUIRES A WILLING BUYER AND WILLING SELLER, WITH NO ADVANTAGE BEING TAKEN BY EITHER BUYER OR SELLER (NEITHER PARTY UNDER DURESS TO BUY OR TO SELL).
- IT RECOGNIZES CURRENT USE AS WELL AS POTENTIAL USE OF THE PROPERTY.
APPEAL FORMS ARE AVAILABLE...
IN THE TAX OFFICE OF COUNTY ADMINISTRATION BUILDING (OLD COURTHOUSE), 1ST FLOOR; BY WRITING - BOARD OF EQUALIZATION AND REVIEW, PO BOX 3397, DURHAM, NC 27702; BY CALLING - (919) 560-0300; BY FAX - (919) 560-0385.
COMPLETED FORMS MAY BE RETURNED BY HAND DELIVERY, BY MAIL, OR BY FAX.
REMEMBER; APPEALS MUST BE FILED (RECEIVED) PRIOR TO ADJOURNMENT OF BOARD OF EQUALIZATION AND REVIEW OR WITHIN TIME STIPULATION ON "NOTICE OF CHANGE OF VALUE".
OFFICE OF TAX ADMINISTRATION
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