Property Reassessment

March 30, 2009

Reassessment suit is on way, activist claims

Vic Kopko says the process was not uniform and was full of errors.

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

Hanover Township property owner Vic Kopko said he and his lawyers are putting the “finishing touches” on a lawsuit attempting to throw out Luzerne County’s reassessment.

Kopko, a college professor, said the suit could be filed as early as next week. He is meeting Tuesday with lawyers from Wetzel, Caverly, Shea, Phillips & Rodgers in Wilkes-Barre to finalize a filing date.

He said he was willing to back away from a suit if commissioners agreed to do three things: not raise taxes in future years; implement a plan to correct over- and under-valued properties; and aggressively fight to replace property tax with earned income and/or sales tax.

He said he has not obtained commitment on all three from minority Commissioner Stephen A. Urban, and has been unable to get a meeting with Commissioner Chairwoman Maryanne Petrilla.

The last-minute filing of the suit could create an emergency situation because municipalities and the county plan to mail tax bills based on the new assessments next month.

But Kopko said the county created the delay by failing to comply with a mandate to hear all assessment appeals by Oct. 31. Kopko said he wanted to receive his county appeal board ruling before filing litigation, and his ruling wasn’t mailed until Jan. 5.

Kopko said the legal action would be based on his belief that the reassessment “violated uniformity rules” and was “fraught with errors.”

“Somebody has to have enough guts to stand up for the people and do what’s right,” Kopko said. “I’m putting myself and my family at risk – no question. But there’s a greater good here.”

Kopko said he spoke with Urban and Commissioner Greg Skrepenak on Friday.

Skrepenak said he shares Kopko’s concerns about questionable valuations, future tax increases and the need for tax reform.

“We’ve all been through lawsuits and don’t like them. Unfortunately, that’s how you get due process in this country,” Skrepenak said.

Kopko said he did not receive enough reassurance from Urban to prompt him to cancel his plans for a suit, though he was pleased to learn that Urban identified property tax reform as his top issue.

Urban said he supported layoffs because he wants to downsize staff to prevent future tax increases. He said he plans to fight to make the state pick up the tab for court staffing as required – a move that would allow the county to reduce spending by 25 percent.

He said taxing bodies also have the power to challenge assessed values they believe are too low.

Urban said implementing the first reassessment in 43 years was a mammoth task.

“We’ve made a commitment in writing in an ordinance that says these files will be updated every four years in-house, so you won’t have this huge disparity,” he said.

Petrilla said Friday that she supports tax reform. She said the appeals process is always in place for property owners who believe their values are too high. Petrilla said preventing future tax increases is her goal, which is why the county is working with the state on a fiscal recovery plan.

Petrilla said Kopko may be required to post a multimillion-dollar bond in the amount of the project in case he loses in court and the county is forced to perform a new reassessment.

Kopko said his lawyers are not convinced that such a bond posting would be necessary.

Petrilla said she sees no way to prevent Kopko from filing.

“If that’s what he feels he needs to do, what can I say? If he feels so strongly about it, there’s nothing I can really say that can change his mind,” Petrilla said.

A county assessment appeal board valued his property at $285,200 -- $57,300 for the land and $227,900 for the house and a pool. Kopko said the value is higher than his certified appraisal.

His two-story, four-bedroom house on 0.81 acre along Countrywood Drive was originally valued at $392,300 by reassessment company 21st Century Appraisals Inc. The value was reduced to $333,700 due to an informal review.

While Kopko believes he falls into the overvalued camp, he said he has spoken to many property owners who “can’t believe” their new values were so low.

“I’ve talked to multiple people who said they’re not going to do anything because they think 21st Century appraised them incorrectly to the low end, which just proves a point that the entire thing was done in an inept fashion,” Kopko said.

Kopko said he’s been visited by crying property owners who fear they will lose their homes because of the new values. Legal action is necessary because taxing bodies will be free to raise taxes in 2010, he said. Kopko estimated that he already has $70,000 in donations committed for a legal fight, and said others who want to donate to the cause should call him at 825-5115. He stressed he won’t be seeking personal damages or other compensation in the suit.

On the Web

Mediation update

All final assessed values are now available on The Times Leader’s on-line property database. The database was updated with all assessment appeal board rulings recently released by Luzerne County. The site is user-friendly because a password is not required. To access the database, go to www.timesleader.com and click on the “local property assessment database” box on the left side of the main page.

As of Friday afternoon, 1,382 Luzerne County property owners had filed court challenges contesting their county assessment appeal board rulings.

Friday was the court challenge deadline for 4,853 property owners who had appeal board rulings mailed on Dec. 10.

The challenges will go to mediation, and up to 20 cases are expected to be resolved per week. That means some of these property owners may have to wait until spring 2010 for a mediation conference.

The owners of another 4,156 properties have until Feb. 4 to file court challenges on appeal board rulings that were mailed Jan. 5.

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

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