Property Reassessment

November 20, 2008

Challenges to formal county appeal board rulings at 74

These are from the 9,000 property owners who have until Dec. 5 to file.

By Jennifer Learn-Andes jandes@timesleader.com
Luzerne County Reporter
Jennifer Learn-Andes on Facebook   |   @TLJenLearnAndes on Twitter

By the close of business Wednesday, 74 assessment appeal court challenges had been filed in the Luzerne County prothonotary’s office.

The property owners were among 9,000 who received formal county appeal board rulings dated Nov. 5. More challenges are expected because these property owners have until Dec. 5 to file challenge paperwork.

Court officials announced Wednesday that all challenges must go before mediator Sam Guesto, even if appeals board solicitor David Schwager privately negotiates a one-on-one settlement with property owners.

Schwager said last week he would present these settlements to county judges for approval, but court representative Paul McGarry said Thursday the settlements must be cleared through the mediator so there is a central clearinghouse and official mediation report.

“Everything will be done in the open,” McGarry said.

The county’s reassessment company, 21st Century Appraisals Inc., has alleged the mediation step is a “backroom” arrangement that could result in unjustified property reductions.

Property owners won’t have to appear at a mediation conference if they reach a settlement. Instead, the county will present a signed stipulation to Guesto for inclusion in the report, said Guesto, the county’s specialty courts director.

Guesto said this plan won’t change because court officials met with county officials Wednesday to finalize it.

Mediation conferences will be scheduled “in the very near future,” Guesto said. Evening and weekend conferences will be available for the convenience of taxpayers and Schwager, Guesto said. Conference dates will be mailed to property owners, along with a summary describing what property owners should expect and bring to the proceeding.

McGarry said most of the 74 challenges were filed by property owners who are representing themselves, rather than hiring an attorney.

Taxpayers will have a chance to demonstrate their opinion of their property value through appraisals, pictures or other documentation, Guesto said.

The county, through Schwager, will have the same opportunity.

Guesto said he can’t set the value but will encourage both sides to reach an agreement on value.

“With both sides available to discuss, it is believed that a common ground may be found that will resolve the appeal before it proceeds to arbitration,” Guesto said.

Schwager has said he will contact property owners one-on-one as challenges are filed in an attempt to settle on value without the need for mediation conferences. Schwager said he will request appraisals, comparable sales and any other relevant information that property owners think he should review. He has already started working on some settlements.

Some property owners had hoped the county would refund the $111.75 filing fee if a settlement is reached, but county Communications Director Jason Jarecki said he does not believe commissioners will refund money because the revenue offsets the county’s expense processing the challenges.

Assessment-related court challenges normally go straight before a judge, but the court changed the process a few months ago, adding an arbitration panel and then, if necessary, special master stage. The mediation was added Nov. 6.

21st Century has objected to the county’s decision to omit the company from mediation, saying it’s an alleged breach of contract. County appeals board members have determined the expense is not necessary.

21st Century’s contract extension says the county shall pay the company “to defend assessment appeals to the Court of Common Pleas, and any further legal challenges to the same.” The company was to be paid $150 an hour for a certified appraiser and $250 an hour for legal counsel.

The company has requested a meeting with commissioners to discuss the matter, but a meeting has not yet been scheduled, according to 21st Century representative Tim Barr.

What to bring

The wait continues

Luzerne County property owners should bring the following items to mediation conferences, according to court officials:

• A recent appraisal of the property, if obtained.

• Photographs that depict the property or that “serve as witness to your estimation of the property value.”

• The property deed.

An estimated 9,000 or more Luzerne County property owners have not yet received their county appeal board hearings or are awaiting rulings on appeals that have been heard.

A Franklin Township man recently complained that he’s been waiting since his hearing in July, but county officials have decided to mail these rulings in one big batch some time in December.

Appeals board members say the computerized property database would have to be shut down for two days to process an interim mailing of rulings, which would hold up formal assessment appeal hearings.

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