Section 739. Prohibition against change in assessment following decision in small claims proceeding


Latest version.
  • 1. Except as hereinafter provided  and  except
      as  to  any  parcel  of real property located within a special assessing
      unit as defined in article eighteen of this chapter, where the  decision
      of  a  small claims hearing officer orders a reduction in an assessment,
      the  assessed  valuation  contained  in  such  decision  shall  not   be
      thereafter  changed  on  such  property  for  the  next  assessment roll
      prepared on the basis of the taxable status date next  occurring  on  or
      after the taxable status date of the most recent assessment under review
      in  the  proceeding  subject to such final order or judgment.  Where the
      assessor or other local official  having  custody  and  control  of  the
      assessment  roll  receives notice of the order or judgment subsequent to
      the filing of the next assessment roll, he  or  she  is  authorized  and
      directed  to  correct  the entry of assessed valuation on the assessment
      roll to conform to the provisions of this section.
        2. An assessment on property subject to the provisions of  subdivision
      one of this section may be changed on an assessment roll where:
        (a)  There  is  a  revaluation  or  update of all real property on the
      assessment roll;
        (b) There is a revaluation or update in a special  assessing  unit  of
      all real property of the same class;
        (c) There has been a physical change (improvement) to the property;
        (d) The zoning of such property has changed;
        (e) Such property has been altered by fire, demolition, destruction or
      similar catastrophe;
        (f)  An  action  has been taken by any office of the federal, state or
      local government which caused a discernible change in the  general  area
      where the property is located which directly impacts on property values;
        (g)  The  owner  of  the  property  becomes  eligible or ineligible to
      receive an exemption; or
        (h) The use or classification of the property has changed.
        3. No petition for review of the assessment of such property shall  be
      filed  while  the provisions of subdivisions one and two of this section
      are applicable to such property.