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06/28/04 ARB, Dallas Property, Taxes, Protests
Consider this quote by James Madison concerning the apportionment of
property Taxes.....
The apportionment of taxes on the various descriptions of property is an
act which seems to require the most exact impartiality; yet there is,
perhaps, no legislative act in which greater opportunity and temptation are
given to a predominant party to trample on the rules of justice. Every
shilling which they overburden the inferior number is a shilling saved to
their own pockets.
James Madison, Federalist No. 10, November 23, 1787
E-mail memo recently to several
Dallas Morning News
reporters:
Thank all of you for your articles covering the issues of Real Estate Values,
Property Taxes, DCAD and the protest process. I wish you would look a little
deeper into the process, please survey and report on some of the area citizens
that have attended the informal and Appraisal Review Board Hearings in their
attempts to protest their tax valuations and present their evidence and
arguments. Only through a public examination can we determine if the process
is being applied fairly and equally per the Texas Property and Tax Codes. I
question that true justice is being served.
From my recent experience, the DCAD Appraisal Board has become prejudiced,
very rigid and defiant in defending their valuations, which seem to be
following predetermined agenda.
It also semi apparent that it is being driven by the AB Management's directive
to "Hold the line on Proposed Valuations" in their attempt to drive up
property values and the tax rolls.
I have been told, and also overheard the AB Staff reply to others, in the face
of evidence that supports a lower valuation that, "I am sorry, my hands are
tied, if I did that I would lose my job." Further, a Senior Staff Supervisor
remarked to me last year: "There is nothing you can show me that will
convince me that any property in Dallas County is worth less than 90 cents a
sq. ft." Contrary to their own appraisals. That calculates 43,560 sq. ft. X
. 90 = $39,204 an acre for open land. That was irrespective of encroachment
of Floodplain and/or and Escarpment Zones, plus evidence of comparable sales
in area for $4,999 an acre. They force you to the ARB Hearing and hope they
can sway the outcome. Current initiatives show that our local governments
are becoming money vacuums, due to the budget crisis and the "Big Project
Plans," Zoo Funding, Trinity River, New Football Stadium, Public Service
Salaries, Teachers Salaries, etc.
Private citizens cannot just take apportionment action to increase their
incomes and have to live on a budget regardless of what living costs
increase. Sometimes we learn to do without, or delay a purchase until we can
afford it.
Previously (middle 1990s) the staff was seasoned, cordial, helpful and was
reasonable on the facts, more recently, last year and more so this year,
the "new" relative inexperienced staff, is very bureaucratic, contentious and
undeterred by the facts and the requirements of the Texas Property Codes to
consider each property based on it's own characteristics. Objective
things, like not having a pool when they show one, etc., easy; subjective
value things very difficult.
None of the immediate AB staff I have encountered have been advised on the
effects of Flood Plain and the Dallas Escarpment Regulations. When I have
asked them if they knew what it was (Escarpment), they seem puzzled and do not
have any idea. I have even had to explain the subjects, present parts from
the Texas Property Code and Dallas Development Code in my ARB protest
hearings. They get further confused when it involves an Agriculture
Exception. It's common that the Appraisal Board Rep. will become irritated,
attempts to cast doubt before the review committee, even to the point of
denying it effects the value. But, the regulations are contained in The
Dallas Development Code and City Ordinances, it's law, regardless of their
opinion.
Properties that fall within the Escarpment Zone are restricted from
development and cannot be developed. Property laying adjacent is designated
as the Geological Similar Area (GSA). That property owner has to
undertake expensive engineering and environmental studies before they can
apply for a development and/or zoning permit. If it's proven to be
scientifically OK, than it's presented to an Escarpment Review Committee,
containing members from each City Department and representatives from local
citizen action and environmental groups. It's an up or down vote for
permission to move forward with any development process. In other words, you
have to pay tax on it whether we can use it or not.
You are probably asking, What's the Escarpment Zone. Its the area that
extends into Southwest Dallas County and stretches south along Spur 408, Hwy
67 and I-35 down to the hill county. Geologically, it's the fault line
between the Austin Chalk and Eagle Ford Shale formations.
Using a Model T. Ford as an analogy; An old rusted one, sitting in a farmers
field is worth very little compared to a fully resorted one in Show
Condition. Reason is obvious, it takes a lot of resources, time & money to
rebuild that car and make it show worthy. Likewise with property. The
predevelopment process; Engineering and Environmental Studies, Permitting,
Rezoning, Platting, and bringing utilities and egress to the property is a
very expensive process. Yes, the Land, like the Model T, may have potential,
but they both require the input of resources, which raises the value of both.
The AB is attempting to use developed properties to value undeveloped tracts.
Likewise they have also been very zealous in raising valuations in established
neighborhoods.
Additional quotes, James Madison:
A just security to property is not afforded by that government, under which
unequal taxes oppress one species of property and reward another species.
James Madison, Essay on Property, March 29, 1792
Government is instituted to protect property of every sort; as well that which lies in the various rights of individuals, as that which the term particularly expresses. This being the end of government, that alone is a just government which impartially secures to every man whatever is his own. James Madison, Essay on Property, March 29, 1792 Sincerely, Joe Briggs |
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