Burden of Proof and Admissible Evidence Property Tax Information
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Burden of Proof and Admissible Evidence Property Tax Information
Burden of Proof
The assessor bears the burden of proof in the following situations:
“¢ Appeals of owner-occupied single-family dwellings
“¢ Appeals of your property’s assessed value when the assessor enrolled a value different from your purchase price (if you filed a change in ownership statement timely)
“¢ Escaped assessments (if you filed a change in ownership statement or a building permit)
In all other situations, the applicant has the burden of proving that the property has not been correctly assessed.
Admissible Evidence
The only evidence that an appeals board can consider is the evidence that you andthe assessor present at your assessment appeal hearing. The board may not considerany information attached to your application or any discussions with the assessor’soffice or others, unless you also present such evidence at your appeal hearing.
Your evidence may take several forms, including:
“¢ Oral testimony by you, your agent, or an expert witness such as a real estate appraiser
“¢ Other witnesses
“¢ Written materials
If you plan to submit an appraisal, a Realtor’s opinion of value, or an engineeringstudy, the person who prepared that material must be present to respond toquestions that may be posed by the appeals board or the assessor. The assessor, ora representative knowledgeable about the assessor’s appraisal of your property, willalso be present to respond to your questions or those of the board.Depositions are not admissible and may not be considered for any purpose by theappeals board.
