Section 727. Prohibition against change in assessment following litigation


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 an assessment being reviewed pursuant  to
      this   article   is   found   to  be  unlawful,  unequal,  excessive  or
      misclassified by final court order or judgment, the  assessed  valuation
      so  determined shall not be changed for such property for the next three
      succeeding assessment rolls prepared on the basis of the  three  taxable
      status  dates  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) There has been a change  in  the  occupancy  rate  of  twenty-five
      percent  or  greater  in  a  building located on a property which is not
      eligible for an assessment review under  title  one-A  of  this  article
      (small claims assessment review);
        (h)  The  owner  of  the  property  becomes  eligible or ineligible to
      receive an exemption; or
        (i) The use or classification of the property has changed.
        3.  No petition for review of the assessment on such property shall be
      filed while the provisions  of  subdivision  one  of  this  section  are
      applicable to such property.