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The Dallas Appraisal District – Can it Get Any Worse? PDF Print E-mail
by Tom Pauken    Wed, Jul 2, 2008, 09:23 PM

I went with my 92 year old father to the Appraisal Review Board (ARB) Saturday morning. My father was seeking a reduction in the value of his homestead which has jumped from 290,000 in land value in 2005 to $700,000 in 2008. My father diligently had researched appraised values in the neighborhood. Meanwhile, I had found comparable sales on the same street which clearly showed that the Appraisal District’s valuation was way over fair market value. In fact, it was roughly twice as high as it ought to be in terms of reasonable value for that residential land.

Isn’t the Dallas Central Appraisal District supposed to try to determine fair market value by looking at all of the comparable sales in the area -- the low sales as well as the high ones in the neighborhood? Not if you’re William Chapman, the officious representative of the Dallas Central Appraisal Board at our ARB hearing. He totally ignored recent sales which were on the street where my father lives and only picked the highest sales he could find. When I queried him on this, his response was to the effect that he could pick out whatever he wanted to for his market valuation purposes and ignore those other sales.

I cited on my father’s behalf a lot next door to him that sold in 2006 for $400,000, $300,000 below dad’s land valuation. We also cited another lot sale on the same street for $208,000 in 2006. In addition a new house a few doors down from him sold in the fall of 2007 for under $1 million. The house itself was easily worth $700,000 or more, thus making the land value in the $300,000 range in any fair market appraisal of that property.

My father, an engineer, had computed that his residential land is being carried on the rolls at $33.30 a square foot even though commercial property nearby at Preston and Royal (which fully utilizes all of their land for their businesses and is much more valuable property) was appraised at $17 a square foot.

Moreover, residential lots on a street comparable to my father’s street a few blocks away, (a street across from St. Mark’s school) was appraised at $12 a square foot.

But, none of that made any different to the Appraisal Review Board which heard testimony on these matters. Don’t the powers to be tell us that, if you have a complaint with the Dallas Appraisal District, you have appeal rights to an “independent” three person appraisal review board? That ARB is independent only if you are fortunate enough to get a board with a majority of members who are truly independent. (And, I have gone before such independent boards before, but that surely didn’t appear to be the case this time.)

I should have known from the outset that this particular panel was not open to the possibility that the Appraisal District might have placed an excessive valuation of my father’s homestead property. I asked that the Appraisal District representative go first since it had the burden of proof to show why its valuation was correct. One of the representatives of the panel, in a hostile tone of voice, made it very clear that wasn’t the way it was done here. When the brief testimony was completed, that same individual notably clearly was taking the Appraisal District side as he discussed the case with his fellow panel members. The ARB panel essentially rubberstamped the Appraisal District’s position.

Thus, the “drive-by” Dallas Appraisal District valuation of my father’s home (I call them “drive-by shootings” of homeowners) was re-affirmed by this supposedly independent appraisal review board.

The practical problem is that the taxing entities totally control the appointment of the Chief Appraiser and the members of the Appraisal Review Boards since they appoint all of the members of the Board. Moreover, the local taxing entities have a strong incentive to push for ever higher appraised values since the “stealth tax” of appraisal creep is a politically easier way to get additional property taxes than by having to raise tax rates.

There are, indeed, appraisal districts in Texas which treat the taxpayers fairly and respectfully while truly trying to determine fair market value. But, the Dallas Central Appraisal District is certainly not one of those districts. Instead, I saw a good example this Saturday of the arrogance of power at work in the attitude of Mr. William Chapman, the district’s representative at my father’s hearing. What came through is his presentation is fair market value is the highest number you can justify and whatever we decide it is. Anything that contradicts the higher appraisal numbers, Mr. Chapman simply ignores.

Mr. Chapman and the ARB at my father’s hearing make a good case for what most Texans already know. The appraisal system in Texas is broken and badly in need of reform. We need totally independent appraisal boards, not beholden to the local taxing entities.

Appraisal reform was killed in the last session of the Texas Legislature. We can’t let that happen again next year when the legislature will address this issue once again.

 

Comments (22)add comment
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written by Byron George , June 28, 2008

Tom,
It seems your father did get a raw deal. Unfortunately these are just the things that appraisal districts dread to hear. For every one of these biased boards and arrogant appraisal district staff, there are 100 of us who do all we can to help the property owner and treat everyone with respect.

I am only hearing one side of the issue but if what you say is true, I am appalled at the action of the ARB and the CAD.

However, I will defend an issue or two that you mentioned. The 2006 sale is irrelevant. CAD's try to use sales from 2007 for the 2008 value and so on.

For a couple of years now, you have insinuated that the taxing units are compelling the CAD to raise values. If you can prove that, I assure you that Dave Montoya of the BTPE will yank every licensed appraiser that is involved. It is totally unethical.

When you say independent appraisal boards are you talking about the arb?

You statement of "most Texans know it is broken" might be a little exaggerated. I know in our district we are complimented regularly for our professionalism. The ARB for the past 7 years have averaged 53% for the taxpayer and 47% for the CAD. Many of the 53% are recommendations from the CAD after hearing and seeing additional evidence.
Many and I mean many of the 47% are property owners who are there to protest TAXES. You would be surprised how many people "protest" their property values when the CAD is actually lower than their recent purchase price.

I am all for reform. The BTPE should be expanded and have the authority to monitor cad, arb, etc. The Comptrollers office should relinquish control of the overseeing of the cad. Their value study is a joke. If you contact me I will send you information on an appeal we did this year. (and lost) i might add.

I propose to do away with the arb and have an arbitrator hear all of the cases.

It is also time to get mandatory sales disclosure in Texas. It is almost impossible to do an adequate job of appraising property with such a small sampling of sales. We had a subdivsion that increase this year. We had 8 sales in the subdivsion. After informal hearings we had received 24 sales and were able to reduce the value in the subdivsion by 10% simply because we had more sales to work with.

Thankfully, your father's school taxes are frozen and I assume have been for years.




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written by Byron George , June 28, 2008

Now I'm a little confused. I went back and read the post and it says it was by Mary Williams.

Tom or Mary, whoever wrote this, I stand by my above statement.



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written by Steve Heath , June 28, 2008

Tom -I had much better luck this year contesting my valuation, without having to go to the scheduled hearing. People like your father who have lived in their same modest home for decades, only to be assessed oppressive taxation due to high taxes and artificially high high property values, are really getting the shaft. It's only going to get worse for millions of baby-boomers who will retire only to find that mosest savings and social security will simply not allow them to afford to pay property taxes on their homes. The American dream of home ownership will prove to be a fraud for many, who even though they own their homes, are finding that they really don't, as government uses their homes to extort unfair and oppresive taxes that they cannot afford. People like your father will be forced to sell and move to less desirable neighborhoods. In so many ways, the American Dream has been eroded and stolen from millions of Americans, as government continues to extract an ever-increasing pound of flesh from average Americans.


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written by C Turner , June 28, 2008

My one experience going before the ARB (the formal committee) to protest my taxes was truly horrible. The situation seemed designed to be intimidating, the rules and standards seemed like Calvinball, and the entire experience was a waste of time and energy that I never intend to repeat.

I have had much better outcomes (and much pleasanter interactions) just talking one on one with the appraisers themselves.

This year I was rudely treated by 4 people, including a supervisor and the receptionists, but the appraiser himself and one of the schedulers in ARB hearing area were kind and professional. All the other CAD "professionals" seemed ready to vow fire and vengeance on anyone who was nice to a taxpayer. I don't think I treated any one of them differently from another, as it's futile to do anything to give any bureaucrat any excuse to lord their petty power over me when I am there in a position of relative weakness.



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written by Bob Reagan , June 29, 2008

Tom: Thanks for your Dad's story. In 2006, my wife and I protested a whopping new DCAD appraisal, and had to take it to District Court. We did the same in 2007, and ultimately obtained a judgment which valued our home at modest increase from 2005 for both years. This year we were able to obtain a fair reduction from the 2008 DCAD value from the ARB, but it required considerable analysis of the area values.

Our ARB panel for 2006 and 2007 had one cranky curmudgeon who would not consider any of our evidence, and seem to dominate the other members. This year we were fortunate to have two of the panel members who were not going to be pushed around (the curmudgeon was gone, too). Sadly, the temperament of the tribunal each of the first two times, not their ability to rationally sort through the evidence, seemed to be decisive.



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written by Nathan , June 29, 2008

I second Byron on the mandatory sales disclosure.


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written by Tom Pauken , June 29, 2008

Nathan, sales price disclosure will do nothing to address the fundamental problem of local appraisal districts and boards being under the control of the local taxing entities. That is an inherant conflict of interest. The numbers are so far out of line for my father's street in terms of land values compared with streets even better suited to residential use just a few blocks away as to be close to bad faith, punitive valuations. This is an abuse of the system in my judgment. Moreover, the burden of proof is supposed to be on the appraisal district to justify its high valuations. That obviously wasn't the case at the ARB hearing I attended with my father.


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written by Byron George , June 29, 2008

Tom,
Isn't it true that you are and have always been against sales price disclosure? Again, you insinuate that the taxing entities tell the cad to raise value and that just is not the case. If it is, then the cad is violating every ethical thing in the book and the chief appraiser (it that is happening) should be fired.
If your father's case is so open and shut, he should take the cad to binding arbitration.



...
written by James C , June 30, 2008

A "small fact" that Tom neglected to mention (and that Dallas CAD probably took into consideration) is that all houses on his father's block are on the same size lots (a half-acre each). All these lots are appraised at $700,000.

It would be interesting to know, if the property were to be put up for sale, what asking price the Pauken's would seek. I highly doubt it would be less than $700K.

If anything, Dallas Central Appraisal (CAD) should be faulted for not properly raising rapidly increasing values in "desirable" neighborhoods like Preston Hollow, Lakewood, and the Park Cities. So many of these homes are assessed at a fraction of their true value. Take a look for yourself at the prices of houses for sale in these neighborhoods, then go look at the assessed market value on Dallas CAD. It's common to see a house for sale at $550K, yet Dallas CAD's market value is only $365K.

Of course, when the house is sold Dallas CAD will whack the value up to $550K, but why should other Dallas taxpayers subsidize the under-assessment the previous owners enjoyed for years? After all, the previous owners were protected by the 10% assessed-value-increase-cap so their taxes wouldn't abruptly skyrocket --- just like Mr. Paulen's homestead is capped at $390,000. Another small fact he neglected to mention.



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written by Tom Pauken , June 30, 2008

James C. sounds like an employee of the Appraisal District. He totally ignores recent sales on that street far below the $700,000 figure, including a September 2007 sale of an expensive house worth at least $700,000, which would put the land at $300,000.

Byron, as you know, I have no objection to sales price disclosure so long as it a part of a much more comprehensive reform of our appraisal system. Without that reform, all that (sales price disclosure) would accomplish is simply push up property taxes even higher than they already are.



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written by Byron George , June 30, 2008

I disagree that it would push appraisals higher. If you truly believe it would push property values higher then that must mean the cad has the property undervalued.

Tom, I agree this is not a perfect system. If your dad had a sale on his street and it was not a distressed sale, then the cad should have taken it into account. But so many people pick and choose what they will bring to an arb. They will bring one low sale but will totally ignore 3-4 other sales in the immediate area that might indicate the cad value to be correct.
To do an adequate job of appraising property the cad must have disclosure. It is unfair to expect us to value 100% of the properties with maybe 15% information.

I agree with reform. Regardless of what most people think, the cad employees are also property owners. And I might add without the right to protest. I could just see the face on my boss if I brought in a protest form. And only a fool for an appraiser would have his house lower than market value. How many times do you think I show others my value each year? Must be in the 100's. That's ok. I know it is at or above market. But I digress.

The problem lies in the Effective Tax Rate. For those that do not know, the EFT is the amount the tax rate would need to be to generate the same amount of revenue as last year. Disregarding new construction which is "free money."

So many taxing entities go to the rollback tax every year. If you have an increase in their taxable value, they bring in more money using the same tax rate as last year and then point the finger at the cad for increasing taxes. If they would be held closer to the EFT then if your value increases, the tax rate should go down resulting in taxes being at or near the same as last year.

Entities are going to see what happens in 2009. The housing downturn has taken a little longer to hit Texas but many entities will see reduced values of property next year.

You see, cad's are to value property at market. But the confusing thing to many property owners is the cad is basically a year behind. We use 2007 values for 2008 and so on. The market in Texas was pretty good in 2007. Now 2008 may be a whole new ballgame.

Finally, don't let a bad experience with the cad tarnish your opinion of all cads. Most are out here trying to do a good job and do all we can to help the property owner.



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written by underdertheradar , June 30, 2008

Tom's story sounds exactly like the humilating experiences that I have had before the ARB. It seems like they had already been instructed to side with the appraiser . Sadly, when I left in both cases, I felt as though their goal was to humiliate me and to send a message to "think twice" about going before the ARB . Something is incredibly broken at DCAD.


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written by James C , June 30, 2008

I'm not associated with the Appraisal District, just someone looking to buy his first house. And I've been amazed at the "under-assessments" there are on the properties I've looked at. Most properties for sale in the Lakewood area are priced for-sale at 30% above their assessed market value (which, of course, will be corrected by Dallas CAD soon after the property is sold).

One house I unsuccessfully bid on had a DCAD assessment of $290K (for 2007); asking price was $439K; actual sales price was $434K; and DCAD post-sale reassessed market value is now $429K (for 2008).

Obviously the owners of this house enjoyed an unfair under-assessment, probably for years prior to the sale. If all real estate in the county was assessed correctly and not under-assessed, the county would bring in millions of extra tax dollars that should enable Dallas to lower the tax rate (millage) for all homeowners. Currently, homeowners with correct assessments are paying a higher tax rate to compensate for those who's homes are under-assessed.

As far as the $1 million house near your father, my guess is that the actual structure is worth $300-500K and the land $700K. DCAD probably gave the owners a slight discount on the structure assessment. They must've given your father a discount, too, since they valued his structure at only $1,000 and we all know a house truly worth only a thousand dollars would be uninhabitable.



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written by Byron George , June 30, 2008

I am not defending the attitude by the arb, since we don't know the attitudes of the parties involved.

I urge anyone to please go and set in on a couple of hours of arb hearings. They are open to the public. After you hear some of the ludicrous things that people say in those hearings you may understand a little more about the process. That is no excuse for improper or unprofessional treatment of property owners, but until you have sat in those hearings you cannot understand what the cad employee's go thru.

The main question you should ask before you protest your property. Is your property overappraised (what it would sell on the open market. Willing buyer and seller) or are you protesting your tax amount. If it is the tax amount, then you should be talking to your taxing entities.

Just for the record, I do not work for the DCAD. I am an appraiser in another county and have been for 20 years.



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written by Tom Pauken , July 01, 2008

James C., you doth protest too much about not being connected with the Appraisal District. Your claim that the house in question is only worth $300,000 or so is so far off the mark as to be ludicrous. The new house easily is worth $700,000 or more, and the property sold for less than a million. This would value the land at $300,000, not $700,000 as your friends at the Appraisal District have set the value at for 2008


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written by Patrick Smith , July 02, 2008

Mr. George,

How can the hiring of the Chief Appraiser by the taxing entities not be a conflict of interest? Those who set the tax rate and determine the amount that comes out of our pockets also control the valuation process. This is a direct conflict of interest!

"For a couple of years now, you have insinuated that the taxing units are compelling the CAD to raise values. If you can prove that, I assure you that Dave Montoya of the BTPE will yank every licensed appraiser that is involved. It is totally unethical." THE BTPE is a cover operation for the Chief Appraisers of the state. A recent hearing with regards to the chief appraiser in Harris County helps prove this point. Mr. Montoya is not going to take action against any appraiser, for he has had plenty of reasons in the past to take action.

You guys want sales price desclosure, but this will not fix the basic problems that exist with the conflicts of the appraisal system.

Guess the CAD in Dallas County stands by the standard answer - "the state is making me do this". I have called for the elimination of the Property Value Study, so that in the future hopefully CADs cannot use the standard answer.



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written by Byron George , July 02, 2008

Patrick,
The Chief Appraiser in not hired by the taxing entities. The valuation process is not controlled by the taxing entities.

I'm with you on the elimination of the PVS.



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written by Concerned Citizen , July 02, 2008

I am appalled at the way you speak of DCAD as a citizen of Dallas County. You have been against the appraisal districts for years and you have been trying to change the system but it looks like it has gone nowhere. I have heard you speak at meetings and I’m not sure you fully understand the process. It seems like you have never taken the time to actually understand how property values are derived. I suggest you work one day at a district, understand what goes on and how values are appraised and then you can have a reason to complain. I guess your father couldn’t do his ARB hearing by himself? You had to make sure you had something to blog about the next day in effort to show everyone how much appraisal districts should go away. There are some many people who are against abolishing the districts that I think you and the legislature will have a hard time passing it anytime soon. I am glad your father has had his taxes frozen for quite a while. It must be nice to not have to pay your fair share in life. It seems like most people in this country do not want to pay for anything including property taxes. I agree with James C. in saying that your father would not put up his property for less than 700K, knowing he would sell it for that but is not willing to accept the value of it and pay the taxes on it.


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written by Peter Stern , July 04, 2008

The state should provide all seniors over the age of 85 with a complete tax exemption.

These people have paid taxes their whole lives and should be relieved of any further property tax "oppression".



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written by Paul Perry , July 05, 2008

"Concerned Citizen" Tom stated his father was 92. Don't you think he might have needed a little help at the hearing? What kind of unfeeling guy or gal are you? Maybe you are just a poor reader?


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written by sandy mcdonough , July 08, 2008

Tom,
You are right on and hopefully you will continue to be the "point man" on this most important issue. Simply put, it is collusion between two parties,the county and their puppet (DCAD) who have a vested interest in feathering their own nests and screwing the tax payer. I have appeared before the DCAD over the years to protest exorbitant appraised value increases for clients and had some success, until recently, when my comparable sales, etc. were met with distain and rejection. It is worse than a "stealth tax", it is taxation without representation.
Sandy McDonough



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written by Byron George , July 08, 2008

Sandy,
You don't know what you are talking about. I assume you are a tax rep. Do you work on a contingency plan? "Taxation without representation"? Interesting, appraisal districts do not tax.




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