BID - Appraiser Services 2005

This document provides information about the legal assessment process in valuation cases. It states that the Property Appraiser's valuation is presumed correct, but this presumption can be lost if the taxpayer can prove that the Property Appraiser failed to consider all mandated valuation criteria or derived the assessment arbitrarily. If the taxpayer can overcome the initial presumption, they then have the burden to prove that the assessment exceeds fair market value. However, if the taxpayer cannot overcome the presumption, they must prove that the assessment is excessive by clear and convincing evidence. The document also mentions that if the Property Appraiser's assessed value is determined to be erroneous, the Value Adjustment Board (VAB) can establish the assessment if there is competent, substantial evidence in the record. If not, the VAB must remand the case to the Property Appraiser for a redetermination of value. The document also discusses the requirements for maintaining a verbatim record of proceedings, preserving documentary evidence, and the consideration of evidence by the Board or special magistrate. It emphasizes the need for specific and detailed findings of fact in every decision or recommendation, including ultimate findings supported by basic and underlying findings. The document also mentions that all decisions must include the nature of the change made and indicate the just, taxable, and exempt value before and after the change. It further states that the special magistrate must provide a written recommendation within five days of the hearing, which is presented to the Board for approval. All final decisions by the Board must be issued within twenty calendar days and notified to the taxpayer, Property Appraiser, and Department of Revenue.