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Alexia Esq.
Alexia Esq., Managing Attorney
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Experience:  19 Years of Legal Practice Experience in this precise field.
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Why did this property tax increase 474% in 2010

Resolved Question:

Why did this property tax increase 474% in 2010?       2009 bill   $1255.97   ID 43948288 Tract E-1-3        2010 bill   $5952.92   (ID changed to 99303092) same Tract E-1-3       Owner, Marguerite M Viles, purchased in 1946, taxes always paid by this owner,       now a widow, age 92 on limited income.       Please help me find laws or ordinances governing tax increases so I can understand and/or protest this unreasonable increase. xxxxxxxxxxxxxx
Submitted: 3 years ago.
Category: Legal
Expert:  TJ, Esq. replied 3 years ago.
Hi. Was there any sort of transfer of the property (or anything else that would have caused the property to be reassessed)?
Customer: replied 3 years ago.

There was a lot line adjustment (of 40 feet) completed March 2009 to comply with county requirments for a new septic system (so it would be 100 feet away from existing wells) . This was not a lot split. It increased Tract E-1-3 from 2.545 ac. to 2.795 ac. which allowed for the future placement of septic system on the east end of that lot.

 

I have been told when there is a lot split, a new assessment will be made. What about a lot line adjustment? We did not create a new lot or lots. The 2.795 ac. remains all of Tract E-1-3.

 

The adjoining lot E-1-2 from which the lot line adjustment was made was at that time under ownership of the Viles Lands Limited Partnership, Dorothy Smoker, Gen. Partner, Mrs. Viles, and 3 grandchildren other partners. This Partnership was dissolved in March 2010. Lot E-1-2 is now owned by Mrs. Viles granddaughter, Sandra Snow.

 

Tract E-1-3 was never in the Ltd. Partnership, has always, since 1946 been in Mrs. viles name and she has paid the taxes on that tract.

Customer: replied 3 years ago.

What is the legal basis on which a request can be made for adjusting the tax bill on Tract E-1-3?

Expert:  TJ, Esq. replied 3 years ago.
Hi again. I'm afraid I won't be able to get to your question today, so I'm going to refer you to another expert who will be able to help you sooner.
Expert:  Alexia Esq. replied 3 years ago.
Hi, can you look at your 2009 statement and tell me the land assessed value and the improvements assessed value??
Customer: replied 3 years ago.

2009 Notice of Valu Address 05 Via de Zorritos

ID 43948288 Tr E-1-3 2.545 AC

 

Full value Land $166,290

Full value Structure 60,760

Total full value $227,050

 

Taxable value (1/3) 75,683

Exemtions

Head of family $2,000

Veteran 4,000

Net Taxable value $69,683

*********************************************

 

2010 Notice of value address 05 Via de Zorritos

Tract E-1-3

(They assigned a new ID 99303092, this is only to be done if the lot has been split or changed ownership!!!)

 

Full value Land $349,380

Full value structure 623,320

Total Full Value 972,700

 

Taxable value (1/3 full val) $324,232

 

No Exemptions listed

 

Net Taxable Value $324,232

************************************************************************

Additional information:

The house was added on in 1959, moderate remodeling in 1998. NO ADDITIONAL IMPROVEMENTS HAVE BEEN DONE TO THE HOUSE SINCE 1998.

In 2009, a new septic system had to be installed.

Expert:  Alexia Esq. replied 3 years ago.
OK, although the change in property ID is interesting (and I too found the same 2010 info on this property), it is unclear WHY. Do you have the statute or regulation in your down indicating that they will ONLY make new ID is split? Because it could be that a change in parameter, as here, would suffice. It really IS a different lot. I'd almost think that may be so. But that doesn't mean this increase is valid! Changes to property do have to be reported, but this increase seems unheard of.

The Assessor is required by state law to first of all value all property at 100 percent of its market value as determined by sales of comparable property. (See 7-36-15 NMSA 1978). As I think you know, it then taxes at a value of 1/3. What happened here is that they are now saying that the property here is suddenly worth WAY more than it was. Yes, I can see that it would increase in value because the lot is now bigger by 2.545 ac. to 2.795 ac or an increase by a quarter of an acre. Or, put another way, it has increased by about 10%. This does not seem that such an increase would cause a related increase in value from to 972,700 from 227,500! In fact, if you look, they assessed the STRUCTURE as having increased in value from 60k to 600k+. Sounds ludicrous, unless possible that last assessment occurred 75 years ago. The land value also increase way more than one would expect at 166k to 349k.

I suspect there is grave error here. And an appeal should take care of it. In this market, moreover, it is crazy, becuase values have plummeted. I would appeal, asap, because this "protest" needs to be made within 30 days of this notice, but I would also get a copy of the last assessment. Santa Fe Residential property values may only increase no more than 3% per year therefore limiting the amount that will be available to the taxing Authorities. I would argue that that additional .25 acre could only itself increase by 3%...as is true of the remaining land your grandmother already own.

One other thing I would do: I would get a reputable appraiser to provide comparative market analysis on similar properties, because the value IS based on FMV (100% of same, to which the 1/3 is then applied, then the taxes)...Are 2.75 acred property with a home her size going for near a million in that area?

Good luck. I'm sure your grandmother had quite a shock here.

A bit more can be read here: http://www.santafecounty.org/assessor/faq_section

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YOu need to appeal this assessment.
Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 11682
Experience: 19 Years of Legal Practice Experience in this precise field.
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