Property Reassessment

November 7, 2008

Assessment mediation next challenge

By Jennifer Learn-Andes jandes@timesleader.com
Luzerne County Reporter
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Luzerne County property owners who want to challenge their formal assessment appeals in court will go through yet another step, but a court representative said this addition is designed to save money for both the taxpayers and county.

The new step – mandatory mediation – will require a court order and public advertising before it becomes official.

Here’s how it will work, according to court Administrative Services Director Paul McGarry:

When a property owner files a court challenge, the property owner and county assessment appeal board representatives will be required to appear before a county court employee serving as a mediator.

No fee will be charged at this level, and existing court employees will serve as mediators and attempt to get both sides to settle on an assessed value, McGarry said.

“The mediator is like a referee. It would help to clear up some misunderstandings or some information that may be incorrect. Something may not be clear to the assessment board or the taxpayer,” McGarry said.

Court officials believe mediation will prevent the need for some property owners to advance to the next step – appearing before an arbitration panel.

Property owners must pay $162.75 in fees to go before an arbitration panel.

The county is also on the hook because the fee doesn’t cover the county’s expenses, including the payment of $125 each to the three attorneys who serve on the panel.

“Hopefully this will cut down on the number of arbitrations, which would be a cost savings to everyone,” McGarry said.

Property owners have 30 days to challenge their formal assessment appeal board rulings in court. The clock has started ticking for property owners who received formal appeal board decisions on Thursday.

Court challenges must be filed in the county prothonotary’s office.

The plan to add mediation was divulged Thursday morning during a presentation to county lawyers and legal representatives.

Specialty Courts/Alternative Sentencing Director Sam Guesto is overseeing the mediation, McGarry said. Guesto could not be reached for comment.

In the past, county judges heard all court-level property assessment appeals, but Court of Common Pleas President Judge Mark Ciavarella changed the procedure because of an expected influx of challenges with reassessment. His staff argued the assessment challenge would take too long to be heard because judges don’t have enough time on top of other proceedings.

However, taxpayers and county officials opposed the additional fees and costs.

Rather than appearing before a judge, the procedure now requires property owners to go before the arbitration panel and then, if they are still dissatisfied, a special master.

Court administration oversees the master phase of challenges. Special masters must be attorneys and may be paid $39,900 to $54,500. A court stenographer must also be assigned to each master.

Court officials said new masters would have to be hired if a high number of master-level appeals reached the court. McGarry said no new staff will be required for the mandatory mediation.

Jennifer Learn-Andes, a Times Leader staff writer, may be reached at 831-7333.

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