The Texas Constitution mandates that your property be taxed based on fair market value. This means that the assessment of your property, whether it is your home or your business, should reflect accurate market conditions, not an arbitrary amount that is not indicative of the value of your property.

The Appeal Process:

So, what should you do? If you think your property is overvalued, you should file a written protest. You can get a form from your local appraisal district, but you do not need to use an official form. A protest is satisfies the filing requirement if it identifies the owner, the property that is the subject of the protest, and states that you do not agree with the value determined by the appraisal district.

There are time delays for filing your appeal, so do not postpone talking to someone to see if an appeal is appropriate. You need to file your notice of protest by May 31 or no later than 30 days after the appraisal district delivers a notice of appraised value to you, whichever date is later. However, if the Appraisal Review Board ordered a change in your property's records, you must file your notice of protest within 30 days of the date on which the ARB delivered to you a notice of the change.

It is important to know that you need to file a notice of protest before the Appraisal Review Board approves the appraisal records. Typically, if you do not file a notice of protest before the Appraisal Review Board approves the appraisal records, you lose your right to protest. However, you may be entitled to a hearing if the Appraisal review Board decides that you had good reason for failing to meet the deadline. Filing a timely protest is also important to protect your right to file a lawsuit later, if you are not satisfied with the decision of the Appraisal Review Board.

However, if your protest is late because the chief appraiser or Appraisal Review Board did not mail your notice of appraised value, you do have the right to file your protest any time before the taxes become delinquent.

In certain situations, you may file a protest with the Appraisal Review Board to correct an error even after these deadlines. If you have concerns about clerical errors, substantial value errors, excessive or double taxation, you should contact someone to see what your rights are. The Law Office of Deborah L. Crain can help you with all of these questions, including the filing of an appeal.

Is your property being taken by the government for some purpose? Perhaps a highway right of way, or a gas pipeline easement? What are your rights? What is the process the government follows to take your property? The Law Office of Deborah L. Crain, P.C. can help negotiate this process and fight to get fair market value for you.

Definitions:

Eminent Domain means the right of the government to take property for public use. The United States Constitution may not list Eminent Domain as one of our government’s rights but it is a presumed right. Thankfully, the 5th amendment to the Constitution places limitations on government, mandating that no private property be taken for public use, without just compensation.

Condemnation, on the other hand, is the actual process by which the government takes property for its public use. The legal definition of condemnation should not be confused with the more common definition of the word where a piece of property is deemed unlivable and must be torn down.

So what are the phases in the process of condemnation?

1. Phase 1: After the government decides what property it needs for public use, county agency makes an offer to buy the property from the land owner.

• However, in many instances the property owner is offered what they feel is less than fair market value. It is ok to decline the offer. If you do, this begins the official process in a court of law.


• If you are not satisfied with the government’s offer, you have a right to propose a counter offer. If you do not respond to the government’s offer, it is important to note that silence is considered a denial of the offer.

2. Phase 2: The government agency files an action in the court because the parties could not agree on a price.

• A panel of three commissioners is appointed by a judge to hear these disputes. During the hearing, both sides present evidence that supports their fair market price. While this hearing is less information than a jury trial, getting an attorney and appraiser is highly recommended. The government is going to work hard to prove that their offer is fair. Attorneys, who are familiar with this process, know what evidence is necessary to get a fair value, or “just compensation” for a landowner’s property, and how to dispute the government’s evidence.

3. Phase 3: Appeal by either party.

• If either party is dissatisfied with the sale price decided on by the panel, they can file an appeal with the district court. This is a trial where civil rules of procedure apply. However, no evidence from the prior hearing can be introduced. It is important to note that a property owner can ask for a jury trial at this phase and those jurors will determine what the fair value for the property is.

If you would like more information, please contact Ms. Crain to set up an appointment.

Email: Info@deborahcrainlaw.com

Phone: 281-565-5777