[tallrick]

If the property tax assessor's office overinflated your property values to more than what they are worth, and you can prove it, can you sue for your money back? Not sure what the case history is, but I thought that before spending hours looking through Southern Reporter, does anyone with legal experience have an opinion on this?

[more freedom needed]

Please post what you found on suing the tax assessor. Same story here different county.

need more freedom

[sunrico90]

Originally Posted by tallrick

If the property tax assessor's office overinflated your property values to more than what they are worth, and you can prove it, can you sue for your money back? Not sure what the case history is, but I thought that before spending hours looking through Southern Reporter, does anyone with legal experience have an opinion on this?

You might want to move this to the legal forum and get the expert advise of our lawyers.. Let me know..

Thank you...

[tallrick]

I did not know there was a legal forum here! As for my research, I could not find a good case precedent. There are a few cases from mostly high-end properties where the taxes have been reduced, and some where mistakes were made and refunds were recieved. Unfortunately I have not had the time to go back to the law library, as it is in Miami not near me. Hopefully I am going to be getting a set of volumes for the home library and digitizing it for legal research. If moving this topic to the legal forum will get more attention, I am for it. I had forgotten about this post.

[sunrico90]

Originally Posted by tallrick

I did not know there was a legal forum here! As for my research, I could not find a good case precedent. There are a few cases from mostly high-end properties where the taxes have been reduced, and some where mistakes were made and refunds were recieved. Unfortunately I have not had the time to go back to the law library, as it is in Miami not near me. Hopefully I am going to be getting a set of volumes for the home library and digitizing it for legal research. If moving this topic to the legal forum will get more attention, I am for it. I had forgotten about this post.

Disregard, I was under the wrong assumption, we don't have a legal forum. I was thinking about Business, Finance, and Investing. My apologies...

[House4Sale]

and maybe a legal eagle will see this and chime in.

[Liberty911]

Fraud is unrealistic both as to the property appraiser's office and the property appraiser as an individual. YOu can sue and get your property re-appraised and reimbursement of any overpaid taxex. The hoops one has to jump through to even try are complex, but not overly onerous. Miss a hoop and your out for that tax year.

First, to contest the property appraiser's assessment, you have to comply with strict statutory provisions requiring the filing of a request for review by the VAB, a hearing before a special master, the VAB's order based upon the special masters recomendation, then if you do not agree with the outcome you petition for appeal with the VAB and/or proceed in a circuit court action to correct the mis-valuation.

Only then could you sue for fraud and have to prevail in the motion to dismiss and summary judgment issues of immunity and qualified immunity to reach the property appraiser for fraud. I have never seen a case against the property appraiser that lifted the qualified immunity subjecting. You could do this on your own, but if you hire an attorney expect to pay between $10 - 25K to get to this point. And the attorney's fees come out of your pocket since there is no statutory provision for attorneys fees.

The only real way to confront the property appraiser is vote him/her out of office.

[tresjolie3]

Do not know about Florida law precedent - However, before you get cozy with Southern Reporter, find out if there is a certiorari or appeals process for property taxes. You may be able to work it out within the system.

[Sunshine Chick]

I believe you can also research this on a website ( I may be off some ) called caselaw.com ??
There is a website and I did not write in down that has thousands of pages by state of case law. Sorry if I am off some.
If I find it I will post back.

[Strel]

Originally Posted by tallrick

If the property tax assessor's office overinflated your property values to more than what they are worth, and you can prove it, can you sue for your money back? Not sure what the case history is, but I thought that before spending hours looking through Southern Reporter, does anyone with legal experience have an opinion on this?

I don't know off the top of my head, but there should be a specific greivance procedure.

Outside of that, you always have rights under Chapter 120, Fla. Stat. (the Administrative Procedure Act) to challenge the actions of a local government that affect your sustantial interests. It can get a little hairy so it is best to hire an attorney - and one that works in this area.

I would have a look at 120 and the property appraiser's statute before I dived into the Southern Reporter.