How Do I Contest My Assessment?
VILLAGE OF ROCHESTER Betty
Novy, Village Clerk (262) 534-2431
BOARD OF REVIEW Kathy
Romanak, Village Assessor (262) 534-3003
TAXPAYER RESPONSIBILITY
State law dictates that the Board, which is a quasi-judicial body,
cannot simply accept at face value a taxpayer’s opinion that the
assessor’s value is not correct. The board is governed by state
statute and case law as to what is, and is not, acceptable evidence to
be considered in overturning the assessor’s valuation… and it is the
taxpayer’s obligation to meet those criteria and to provide factual and
meaningful evidence to back up his or her opinion.
WHAT YOU WILL NEED TO SUBMIT FOR THE HEARING
To assist you in gathering information for your hearing, the
following list has been compiled. You may wish to present any and
all that pertain to your case. You will be asked to provide copies
to the secretary of the Board of Review at least forty-eight (48) hours
in advance of your scheduled hearing:
-
Label
Asking price, offering sheet, ads
- Copy of closing statement
- Copy of mortgage, note and/or contract
- Discount points involved
- Terms of sale, special financing
- Copy of appraisal – APPRAISER MUST BE PRESENT
- A listing of recently sold properties which you will be
citing as comparables
- Cost estimates of major repairs
- *Income and expense statements
- *Cost and depreciation schedules
- *Balance sheet
- *Copy of leases, if leased
*Applies to commercial properties |
It is highly recommended that you attend an Open Book session
or discuss your assessment with the Assessor before filing an
official objection for Board of Review.
The Assessor can provide information on how your property was
assessed and correct any applicable errors throughout Open Book
sessions.
Once Board of Review begins, this process switches to an
assumption by the Board that the Assessor’s valuation is
correct. The property owner must state their opinion of
value on the objection form and then provide adequate factual
evidence substantiating that value.
2011 Open Book Sessions (at the Municipal Building):
*** To be Scheduled in May ***
|
SUBSTANTIATING YOUR CLAIM
You are more than welcome, and have the legal right, to appeal the
Assessor’s valuation before the Board of Review if you feel the
Assessor’s valuation is not correct.
Feeling the Assessor’s valuation is not fair or
correct, however, is not enough. You must be prepared to show in a factual and meaningful way that there is an error in the
Assessor’s valuation. Appearing before Board of Review when
not prepared to show in a meaningful way that the Assessor’s valuation
is not correct is simply a waste of your time, as well as a frustrating
experience. The board does not recognize comparison of your
property’s assessed valuation to the assessed valuation of other similar
property as acceptable evidence in an attempt to justify your opinion of
value. It is precluded by state law from doing so as it is
impossible to show that the assessed valuations of the other properties
used are correct. Only actual sales of comparable properties are
accepted by the Board of Review as suitable evidence of value.
STATE OF WISCONSIN STATUTES
The Board of Review operates under State of Wisconsin Statutes and
the decisions reached in previous court cases, and therefore must make
its determinations based on Wisconsin law. It has restrictions
placed on it as to what it may consider as evidence submitted by a
taxpayer or as to what weight it may place on some types of testimony.
Section 70.47(7)(a) Wis. Statutes states “No person shall be allowed in
any action or proceedings to question the amount or valuation of
property unless such written objection has been filed and such person in
good faith presented evidence to such board in support of such objection
and made full disclosure before said board”
TO BE HEARD AT BOARD OF REVIEW
--Submit completely filled out Objection Form,
with evidence attached, to the Village Clerk at least forty-eight (48)
hours in advance of the scheduled BOARD OF REVIEW meeting. Contact the
Village Clerk to obtain information on the date and time Board of Review
is held each year.
--The Clerk will notify you of your scheduled
hearing time.