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-ORANGE COUNTY ASSESSOR DEPARTMENT
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Webster J. Guillory, Assessor

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    Frequently Asked Questions
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  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.
   
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