Tuesday, March 31, 2009

PVA WINTERS' POSITION ON APPEALS IS WRONG

Ron Winters, the Oldham County Property Valuation Administrator (PVA) recently placed an ad in the Oldham Era that I found to be incorrect and totally out of line.

It appears that Winters is trying to discourage people from appealing their property assessments. What is worse is that he has already made up his mind regarding any appeals that might be made. In essence he has said that people are wasting their time should they decide to appeal their assessments.

First, Winters states that the value of homes in Florida and a couple of other states has decreased by as much as 20%. I am sitting here in Florida as I write this and I can tell you that the values have easily decreased by 40%. Further, Winters uses a newspaper article from the Oldham Era to justify his position but wants to limit what the taxpayer can use for evidence. I believe that higher authority would see it differently. As a member of the Kentucky Attorney General’s office recently said to me, “Local officials often do not understand the limits of their authority.”

Winters states that comparable sales do not include foreclosures and short sales. I have read the Kentucky constitution that Winters frequently referred to when he was defending his decisions of the developers’ appeals last year and I don’t recall those terms being used. Section 172 states that property should be assessed at the price that it would bring at a voluntary sale. If houses around your home are being sold at foreclosure sales, it will certainly affect the price you will receive for your home should you decide to sell it. That is simple common sense. The effect of “short sales” and "foreclosure sales” on surrounding housing is clearly visible in Florida.

Last year developers successfully received 25% reductions in their appeals before the appeals board by claiming that everyone was aware that the prices of homes and lots had fallen. To my knowledge that decision has not been overturned. Considering that, I believe that everyone should appeal their assessments. I know that means a lot of work for the office of the PVA but that comes with the position.

Hopefully Winters will reconsider his unreasonable and prejudicial position. If he doesn’t, people will be forced to appeal his decisions. That would be inconsiderate on the part of any elected official. That would also likely have repercussions for Winters when he runs for reelection.