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February 16, 2010

Property mediation half over

At issue are owners’ challenges to reassessment values for properties.

Luzerne County has passed the halfway mark processing court-level assessment challenges stemming from the countywide reassessment, records show.

About 2,000 property owners sought court-level mediation because they were dissatisfied with county assessment appeal board rulings.

The mediation process started more than a year ago, in December 2008.

As of last week, the county had settled 1,053 mediations.

County assessment lawyer David Schwager said another 300 settlements are in the works.

Schwager estimated that residential mediations will wrap up by the summer, though lingering commercial ones may stretch into the fall.

“It’s working well. The proof is in the pudding,” Schwager said, referring to the number settlements.

Records show three property owners have refused to settle, but Schwager said Harveys Lake property owner Santo Agati is the only non-settlement to date.

Agati said he will reserve comment on his property until his trial before a judge.

In general, Agati said he questions how the reassessment company’s original values could vary so widely from adjustments made through appeals and court challenges.

“How could a major part of the reassessment be so grossly overassessed? That’s the question,” Agati said.

He said he is also disappointed that the county never addressed properties believed to be underassessed after the reassessment. Agati has publicly pointed out examples of questionable low values in West Pittston.

Both the property owner and Schwager must sign off on settlements, though Schwager has said that he obtains clearance from assessor’s office evaluators before agreeing to a reduction.

Property owners must continue to pay taxes based on the contested value, though they receive refunds for overpayments if they work out a settlement.

About 90 mediations have required hearings, with the rest settled after telephone discussions, Schwager said. He said he tries to save people the time of attending a hearing.

As of the fall, mediation resulted in more than $50 million in assessment knocked off the tax rolls.

The reassessment took effect in January 2009. The county plans to update assessments every five years to stay on top of changes in the real estate market.

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






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