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Complaint Against The Valuation Of Real Property DTE 1 - Ohio

Complaint Against The Valuation Of Real Property Form. This is a Ohio form and can be used in Auditors Office Geauga County (Court Of Common Pleas) .
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FILING A COMPLAINT AGAINST THE VALUATION OF REAL PROPERTY What you need to know SHOULD YOU RETAIN AN ATTORNEY TO FILE THE VALUATION COMPLAINT AND REPRESENT YOUR INTERESTS AT THE HEARING BEFORE THE BOARD OF REVISION ? Please carefully read the instructions for completing the valuation complaint printed on the back side of the complaint form (DTE FORM 1). Note: Many valuation complaints are dismissed by County Boards of Revision and the Ohio Board of Tax Appeals every year because they are signed and filed by a person or agent who is not the owner of the property. If you are not the owner of the property, and you are not an attorney, and you have prepared, signed and filed the valuation complaint on behalf of another person, corporation, or other legal entity (i.e. trust, limited partnerships, limited liability companies, etc.) you may want to consult with an attorney on the issue of whether your actions constitute the unauthorized practice of law and could result in the dismissal of the valuation complaint. WHAT TO EXPECT You will be notified of a hearing date by certified mail, typically two weeks in advance. Several other cases will be set for the same day. You should plan to arrive at least 10 minutes early. If for some reason you cannot attend please contact our office immediately. You are allowed one re-scheduled hearing per appeal. While the hearing is considered a formal hearing, the Board of Revision will strive for a relaxed atmosphere so that all the information regarding the property is forthcoming so that the true market value of the property can be ascertained. Board may agree with the valuation you presented or may order a different valuation or order that the current valuation stands. In most cases your decision will be mailed to you by certified mail within two weeks of your hearing. APPEAL: If you still disagree with the valuation the Board of Revision has placed upon your property you may file an appeal with the Ohio Board of Tax Appeals using Form DTE 4 (available at the Auditor's Office) within 30 days after the Board of Revision notice is mailed. You may also appeal at the Geauga County Court of Common Pleas. TYPICAL EVIDENCE Anything that might affect the value of your property can be presented to the Board. This may include things like: · Evidence of damage to the property. · A recent arm's length sale for a lower amount. · An appraisal by a certified appraiser. · Evidence of interior conditions (photos) that would tend to lower the value of the property and would not be evident from the street. WHAT IS THE BOARD OF REVISION? The Board of Revision is made up of the County Treasurer, the County Auditor and the president of the Board of County Commissioners. Its purpose is to provide you with a fair, independent appeal hearing about your property value. You will be given an opportunity to speak, and present any documents or other evidence, including witnesses, to the Board. If the school board filed a countercomplaint their attorney will be there and will be permitted to ask questions and present documents or witnesses also. Both of you are allowed to ask questions of witnesses. The Board of Revision will consider all the evidence presented and rule on your appeal. The YOUR HEARING If you are the property owner you may not need a lawyer for your hearing. However, this is a legal proceeding and it may be worthwhile to have counsel - the choice is up to you. Many property owners are able to handle their own hearing. If you decide to handle your own hearing, this fact sheet is designed to give you some simple pointers about how to do so effectively. It is not designed to give you legal advice. IF YOU HAVE ANY QUESTIONS PLEASE CALL OUR OFFICE Tracy A. Jemison, AAS, Auditor 231 Main St, Chardon, OH 44024 440-285-2222 - 564-7131 - 834-1856 Extension 1601 or Direct Line (440) 279-1601 Web site: http://www.auditor.co.geauga.oh.us Email: auditor@co.geauga.oh.us FORM ACCEPTED BETWEEN JANUARY 1 AND MARCH 31 - ONLY American LegalNet, Inc. www.FormsWorkflow.com DTE FORM 1 (Revised 1/2002) O.R.C. 5715.13, 5715.19 DATE RECEIVED BOR NO. _______________ COMPLAINT AGAINST THE VALUATION OF REAL PROPERTY ANSWER ALL QUESTIONS AND TYPE OR PRINT ALL INFORMATION READ INSTRUCTIONS ON BACK BEFORE COMPLETING FORM ATTACH ADDITIONAL PAGES IF NECESSARY TAX YEAR ___________ ORIGINAL COMPLAINT COUNTY __________________ COUNTER-COMPLAINT NOTICES WILL BE SENT ONLY TO THOSE NAMED BELOW Name Street Address, City, State, Zip Code 1) Owner Of Property 2) Complainant if not owner 3) Complainant's agent 4) Telephone number of contact person 5) Complainant's relationship to property if not owner If more than one parcel is included, see "Multiple Parcels" on back 6) Parcel number from tax bill Address of property PLEASE SUPPLY PHONE NUMBERS (HOME) (WORK) 7) Principal use of property: 8) The increase or decrease in taxable value sought. Counter-complaints supporting Auditor's value may have zero in column D Parcel Number Complainant's Opinion of Value Column A Column B Column C Column D True Value Taxable Value Current Tax. Value Change in Taxable Value (+ or-) (Fair Market Value) (35% of Column A) (From Tax Bill) (Column B minus Col. C) 9) The requested change in value is justified for the following reasons: 10) Was property sold in the last 3 years? Yes ___ No ___ Unknown ___ If yes, show date of sale __________ and sale price $ ______________; and attach information explained in "Instructions for Questions 10" on back. 11) If property was not sold but was listed for sale in the last 3 years, attach a copy of listing agreement or other available evidence. 12) If any improvements were completed in the last 3 years, show date ___________ and total cost $______________. 13) Do you intend to present the testimony or report of a professional appraiser? Yes ___ No ___ Unknown ___ 14) If you have filed a prior complaint on this parcel since the last reappraisal or update of property values in the county, the reason for the valuation change requested must be one of those below. Please check all that apply and explain on the attached sheet. See ORC 5715.19(a)(2) for a complete explanation. The property was sold in an arm's length transaction; A substantial improvement was added to the property; The property lost value due to a casualty; Property's occupancy changed by at least 15% I declare under penalties of perjury that this complaint (including any attachments) has been examined by me and to the best of
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