| |
|
Frequently
Asked Questions
|
| |
Q: |
How do I benefit from the judge's Ruling? |
| |
A: |
This can be
complicated, but in most cases, the Assessor Department reduced
your property value to track market conditions from 1990 forward.
Dates are approximate. However, if your value was lowered, the Court
indicated that would set a new base for value purposes. So, if your
base year value is reduced, your property tax could be reduced.
If the State Appeals Courts uphold the local Court's view, then
County Assessors statewide-with guidance from the State-will make
the applicable adjustments.
|
| |
Q: |
Why does the Court say this is not a refund
case? I want my money back. |
| |
A: |
The Court would
need to explain their approach to this issue. So far, the Court
says this is a notice case only. A case to tell Orange County residents
about the local Court's ruling in the form of a notice-nothing more.
The Court put the issue of notice on hold.
|
| |
Q: |
Is the Court changing Proposition 13? |
| |
A: |
Not sure-the
Court says it reads parts of Proposition 8 and maybe Proposition
13 differently from others.
|
| |
Q: |
Why
appeal this ruling? I like it. |
| |
A: |
Good question.
The local Court's ruling can only be applied to Orange County property;
it does not impact property outside of Orange County. So, why appeal?
California property tax laws apply to all California property statewide.
The laws come under part of the equal protection clauses of the
State and Federal Constitutions. All the people of California must
be treated the same under the same conditions. When there is a conflict
between local rulings and the State rulings, we are required to
ask the Appeals Courts or the legislature to resolve the difference(s).
|
| |
Q: |
How
long will this take before we get refunds? |
| |
A: |
It will be awhile
before this case gets to the Appeals Court. (The local court entered
its final judgment on 4/18/03.) There will be some action taking
place for most of 2003 and 2004, and the local Court did not seek
refunds.
|
| |
Q: |
What
does "recapture" mean? |
| |
A: |
The
word "recapture" is used by the Orange County Superior Court
to describe the restoration of property values that were lowered due
to market decline or other reasons. "Recapture" is not defined
in the State property tax laws. Current property tax law and guidance
provide for tracking the market value of property up and down. Please
see a chart showing the value restoration
process required under the current State laws. |
| |
|
|
| |
|
|