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HomeMy WebLinkAbout991916.tiff RESOLUTION RE: THE BOARD OF EQUALIZATION, 1999, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE PETITION OF: FEUERSTEIN CLYDE W 4250 W 16 ST#13 GREELEY, CO 80634 DESCRIPTION OF PROPERTY: ACCOUNT #: R1150496 PARCEL #: 080529000053 - 17944 E2SE4 29-6-66 LYING N OF C & S RR ROW (1.18R) WHEREAS, the Board of County Commissioners of Weld County, Colorado, convened as the Board of Equalization for the purpose of adjusting, equalizing, raising or lowering the assessment and valuation of real and personal property within Weld County, fixed and made by the County Assessor for the year 1999, and WHEREAS, said petition has been heard before the County Assessor and due Notice of Determination thereon has been given to the taxpayer(s), and WHEREAS, the taxpayer(s) presented a petition of appeal of the County Assessor's valuation for the year 1999, claiming that the property described in such petition was assessed too high, as more specifically stated in said petition, and WHEREAS, said petitioner being present and represented by Joanne Herlihy, and WHEREAS, the Board has made its findings on the evidence, testimony and remonstrances and is now fully informed. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, acting as the Weld County Board of Equalization, that the evidence presented at the hearing clearly supported the value placed upon the Petitioner's property, after review by the Weld County Assessor. Such evidence indicated the value was reasonable, equitable, and derived according to the methodologies, percentages, figures and formulas dictated to the Weld County Assessor by law. The assessment and valuation of the Weld County Assessor shall be, and hereby is, affirmed as follows: ACTUAL VALUE AS DETERMINED BY ASSESSOR Land $ 28,726 Improvements OR Personal Property 0 TOTAL ACTUAL VALUE $ 28,726 991916 aC ' S �eA) � E 'ti� AS0043 RE: BOE - FEUERSTEIN CLYDE W Page 2 BE IT FURTHER RESOLVED that a denial of a petition, in whole or in part, by the Board of Equalization may be appealed by selecting one of the following three options; however, said appeal must be filed within 30 days of the denial: 1. Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's (CBOE's) decision to the Board of Assessment Appeals (BAA). Such hearing is the final hearing at which testimony, exhibits, or any other evidence may be introduced. If the decision of the BAA is further appealed to the Court of Appeals, only the record created at the BAA hearing shall be the basis for the Court's decision. No new evidence can be introduced at the Court of Appeals. (Section 39-8-108(10), CRS) Appeals to the BAA must be made on forms furnished by the BAA, and should be mailed or delivered within thirty (30) days of denial by the CBOE to: Board of Assessment Appeals 1313 Sherman Street, Room 523 Denver, CO 80203 Phone: 866-5880 OR 2. District Court: You have the right to appeal the CBOE's decision to the District Court of the county wherein your property is located. New testimony, exhibits or any other evidence may be introduced at the District Court hearing. For filing requirements, please contact your attorney or the Clerk of the District Court. Further appeal of the District Court's decision is made to the Court of Appeals for a review of the record. (Section 39-8-108(1), CRS) OR 3. Binding Arbitration: You have the right to submit your case to arbitration. If you choose this option the arbitrator's decision is final and your right to appeal your current valuation ends. (Section 39-8-108.5, CRS) Selecting the Arbitrator: In order to pursue arbitration, you must notify the CBOE of your intent. You and the CBOE select an arbitrator from the official list of qualified people. If you cannot agree on an arbitrator, the District Court of the county in which the property is located will make the selection. Arbitration Hearing Procedure: Arbitration hearings are held within sixty days from the date the arbitrator is selected. Both you and the CBOE are entitled to participate. The hearings are informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records, documents and other evidence. He also has the power to administer oaths, and all questions of law and fact shall be determined by him. 991916 AS0043 RE: BOE - FEUERSTEIN CLYDE W Page 3 The arbitration hearing may be confidential and closed to the public, upon mutual agreement. The arbitrator's written decision must be delivered to both parties personally or by registered mail within ten (10) days of the hearing. Such decision is final and not subject to review. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the CBOE. In the case of residential real property, such fees and expenses cannot exceed $150.00 per case. The arbitrator's fees and expenses, not including counsel fees, are to be paid as provided in the decision. The above arid foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 3rd day of August, A.D., 1999. BOARD OF COUNTY COMMISSIONERS COUNTY, COLORADO ATTEST / T�� ATTEST/a, Dale K. Hall, Chair Weld C. �� r Board EXCUSED Barbar J. Kirkmeyer, Pro-Tem BY:■� %!��2 r✓ai f Ui; t C k tci t rd eorge er APPR o7 M J. Geile & Cc F xU G% Assi t nt Co ty Attorney �w Lc4/ Glenn Vaad 991916 AS0043 JUL 15 '99 11:52 FRJM WELD CO TREASURER TO 3520242 PAGE.006/009 NOTICE OF DENIAL 17944 E2SE4 29-6-66 LYING N OF C A S PR :ROW (1.18R) OR@ISR: P` UERSTEIN CLYDE W DUFPOPD 6 BROWN PC LOG 1709/1709 1700 BROADWAY PARCEL 080529000053 SUITE 1700 Accuuwf R1150496 DENVER. CO 80290-1701 YEAR 1999 Owner: PEUERSTEIN CLYDE W 07/15/1999 RESIDENTIAL PROPERTY IS VALTUD BY CONSIDERING TEE MARKET APPROACH. AGRICULTURAL LAND VALUE IS DETERMINED SOLEY BY TEE EARNING OR PRODUCTIVE CAPACITY OF THE LAND, CAPITALIZED AT A RATE SET BY LAW. AG LAND VALUE IS EASED ON PRODUCTION CAPABILITIES OF SOIL TYPES AS INDICATED BY SOIL CONSERVATION SERVICE AND IS NOT RELATED TO MARXIST VALUE. INCREASE OR DECREASE IS REFLECTIVE OF INCREASE OR DECREASE IN COUNTY AVERAGE PRODUCTION OVER 10 YEAR PERIOD OF TIME. LAND 28726 28726 IMPS 0 0 28726 28726 07/15/1999 STANLEY F. SESSIONS WELD COUNTY ASSESSOR CHRISTOPHER WOODRUFF, DEPUTY ASSESSOR APPRAISAL REPORT OF AGRICULTURAL LAND FOR County Board of Equalization FEUERSTEIN CLYDE W PETITIONER VS. WELD COUNTY ASSESSOR'S OFFICE RESPONDENT Parcel Number: 0805-29-0-00-053 Schedule Number: R1150496 Log Number: 1709 Date: August 3, 1999 Time: 10:00 A.M. Board: CBOE PREPARED BY Judith Hoyt July 20, 1999 ).,InAine-- 1c/4-I/I-- -- Signature Date ASSESSOR'S OFFICE STAFF APPRAISER ASSESSOR VALUE $28726 CBOE_AGLAND 010998 VALUATION OF AGRICULTURAL LAND The actual value of agricultural lands, exclusive of building improvements thereon, shall be determined by consideration of the earning or productive capacity of such lands during a reasonable period of time, capitalized at a statutory rate of thirteen percent (13%), Colorado Constitution, Article X, Section 3(1)(a), and 39-1-103(5)(a), CRS. The method of appraising agricultural land for ad valorem taxation purposes, based on its earning or productive capacity, involves an "agricultural landlord formula" which has been approved and accepted by the Property Tax Administrator, the State Board of Equalization, the Statutory Advisory Committee to the Property Tax Administrator, county assessors, and members of the agricultural industry. Net income to the landlord is calculated by first determining a commodity price or grazing rental price averaged over the previous ten years multiplied by the appropriate yield based upon soil classification. Multiplying this gross income by the typical landlord's crop share results in the landlord's gross income. Typical landlord expenses, allowed on a statewide basis, are averaged over the preceding ten-year period and subtracted from the landlord's gross income to arrive at the landlord's net income. This income is capitalized by the statutory capitalization rate of 13 percent to arrive at an indication of value. Commodity prices, AUIVI rental rates and allowable expenses are researched and recommended by the Statutory Advisory Committee to the Property Tax Administrator. These are reviewed by the State Board of Equalization, and when approved, their use is mandatory. TYPICAL LANDLORD EXPENSES All expenses must be documented and calculated as ten-year averages using the ten calendar years prior to the June 30 appraisal date for a specified level of value. Not all expenses are allowable. The first condition: it must be a typical landlord expense; the second condition: it must be necessary to cultivate a crop; and the third condition: it must be within the following allowable expense categories. For Irrigated Land Alfalfa seed expense (researched and provided by the Division of Property Taxation (DPT)) Landlord baling expense (researched and provided by DPT) Fence expense (researched and provided by DPT) Chemical pesticides, herbicides, fertilizer, and water expenses (researched locally) Corn seed expense for sprinkler irrigated corn only (researched locally) For Dry Farm Land Fence expense (researched and provided by DPT) Chemical pesticides, herbicides, and fertilizer expenses (researched locally) CBOE_AGLANN_010998 For Meadow Hay Land Fence expense (researched and provided by DPT) Water expense (researched and provided by DPT) Fertilizer is a management decision based on the expectation of higher net income. If this is a management decision rather than a typical practice, neither the expense nor the added income is considered. For Grazing Land Fence expense (researched and provided by DPT) Water expense (researched and provided by DPT) ESTABLISH SOIL CLASSIFICATIONS The objective of soil classification is to determine the value of land used for agricultural purposes relative to the land's capability to produce agricultural products. The United States Soil Conservation Service (SCS) has researched and completed modern soil surveys in most of our Colorado counties. The required agricultural land classification program for property taxation purposes is based on the Soil Conservation Service soil survey guidelines. These guidelines include eight general land classifications. BASE CROPS Weld County has established Corn for grain, Wheat and Hay as the base crops. Yields are determined for the base crops selected based on an average of the ten years prior to the specified level of value. The publication, Colorado Agricultural Statistics, is a reliable source of information regarding yields. CONCLUSION The subject property has been physically inspected to verify that the property should have the agricultural designation. The land has been valued according to the consideration of the earning or productive capacity of the land and capitalized at the statutory rate of thirteen percent (13%), Colorado Constitution, Article X, Section 3(1)(a), and 39-1-103(5)(a), CRS. INDICATED VALUE Land 28726 Improvements 0 Total Value $ 28726 CBOE_AGLAN D_0 10998 WELD COUNTY ASSESSOR Account#: R1150496 PROPERTY PROFILE parcel #: 080529000053 MH Seq#: MH Space: Appr Year: 1999 Levy: 85.714 #of Bldgs: 0 Active On: Tax Dist: 0430 Map#: 2169 LEA: InactiveOn: Assign To: JKH Initials: TST Acct Type: Agricultural Last Updated: 7/19/99 Owner's Name and Address: Property Address: FEUERSTEIN CLYDE W 4250 W 16 ST#13 GREELEY CO 80634 Business/Complex: Sales Summary Legal Description 17944 E2SE4 29-6-66 LYING N OF C&S RR ROW (1.18R) Land Valuation Summary Abst Unit of Number Of Value Per ,Assmt 'Assessed Land Type Ag Code Code Measure Units Unit Actual Value Percent Value Agricultural A I 4117 Acres 44.33 $648.00 $28,726 29.00% $8.330 Land Subtotal: 44.33 $28,725.84 $8,330.00 Buildings Valuation Summary Total Property Value $28,726 *Approximate Assessed Value Tuesday, July 20, 1999 STANLEY F. SESSIONS WELD COUNTY ASSESSOR CHRISTOPHER WOODRUFF, DEPUTY ASSESSOR APPRAISAL REPORT OF AGRICULTURAL LAND FOR County Board of Equalization FEUERSTEIN CLYDE W PETITIONER vs. WELD COUNTY ASSESSOR'S OFFICE RESPONDENT Parcel Number: 0805-29-0-00-052 Schedule Number: R1150296 Log Number: 1710 Date: August 3, 1999 Time: 10:00 A.M. Board: OBOE PREPARED BY Judith Hoyt9 d_Loc o� July 20, 1999 Lc Signature J- Date --- ASSESSOR'S OFFICE STAFF APPRAISER ASSESSOR VALUE $16783 CBOE_AGLAND 018996 VALUATION OF AGRICULTURAL LAND The actual value of agricultural lands, exclusive of building improvements thereon, shall be determined by consideration of the earning or productive capacity of such lands during a reasonable period of time, capitalized at a statutory rate of thirteen percent (13%), Colorado Constitution, Article X, Section 3(1)(a), and 39-1-103(5)(a), CRS. The method of appraising agricultural land for ad valorem taxation purposes, based on its earning or productive capacity, involves an "agricultural landlord formula" which has been approved and accepted by the Propety Tax Administrator, the State Board of Equalization, the Statutory Advisory Committee to the Property Tax Administrator, county assessors, and members of the agricultural industry. Net income to the landlord is calculated by first determining a commodity price or grazing rental price averaged over the previous ten years multiplied by the appropriate yield based upon soil classification. Multiplying this gross income by the typical landlord's crop share results in the landlord's gross income. Typical landlord expenses, allowed on a statewide basis, are averaged over the preceding ten-year period and subtracted from the landlord's gross income to arrive at the landlord's net income. This income is capitalized by the statutory capitalization rate of 13 percent to arrive at an indication of value. Commodity prices, AUM rental rates and allowable expenses are researched and recommended by the Statutory Advisory Committee to the Property Tax Administrator. These are reviewed by the State Board of Equalization, and when approved, their use is mandatory. TYPICAL LANDLORD EXPENSES All expenses must be documented and calculated as ten-year averages using the ten calendar years prior to the June 30 appraisal date for a specified level of value. Not all expenses are allowable. The first condition: it must be a typical landlord expense; the second condition: it must be necessary to cultivate a crop; and the third condition: it must be within the following allowable expense categories. For Irrigated Land Alfalfa seed expense (researched and provided by the Division of Property Taxation (DPT)) Landlord baling expense (researched and provided by DPT) Fence expense (researched and provided by DPT) Chemical pesticides, herbicides, fertilizer, and water expenses (researched locally) Corn seed expense for sprinkler irrigated corn only (researched locally) For Dry Farm Land Fence expense (researched and provided by DPT) Chemical pesticides, herbicides, and fertilizer expenses (researched locally) CBOE_AGLAND_010998 For Meadow Hay Land Fence expense (researched and provided by DPT) Water expense (researched and provided by DPT) Fertilizer is a management decision based on the expectation of higher net income. If this is a management decision rather than a typical practice, neither the expense nor the added income is considered. For Grazing Land Fence expense (researched and provided by DPT) Water expense I researched and provided by DPT) ESTABLISH SOIL CLASSIFICATIONS The objective of soil classification is to determine the value of land used for agricultural purposes relative to the land's capability to produce agricultural products. The United States Soil Conservation Service (SCS) has researched and completed modern soil surveys in most of our Colorado counties. The required agricultural land classification program for property taxation purposes is based on the Soil Conservation Service soil survey guidelines. These guidelines include eight general land classifications. BASE CROPS Weld County has established Corn for grain, Wheat and Hay as the base crops. Yields are determined for the base crops selected based on an average of the ten years prior to the specified level of value. The publication, Colorado Agricultural Statistics, is a reliable source of information regarding yields. CONCLUSION The subject property has been physically inspected to verify that the property should have the agricultural designation. The land has been valued according to the consideration of the earning or productive capacity of the land and capitalized at the statutory rate of thirteen percent (13%), Colorado Constitution, Article X, Section 3(1)(a), and 39-1-103(5)(a), CRS. INDICATED VALUE Land 14911 Improvements 1872 Total Value $ 16783 CBOE_AGLAND_D10998 WELD COUNTY ASSESSOR PROPERTY PROFILE parcel #: 080529000052 ,ccount#: R1150296 MH Seq 4: MH Space: 1ppr Year: 1999 Levy: 85.714 # of Bldgs: 0 Active On: 'ax Dist: 0430 Map#: 2169 LEA: InactiveOn: kssign To: JKH Initials: TST Acct Type: Agricultural Last Updated: 7/19/99 Dwner's Name and Address: Property Address: FEUERSTEIN CLYDE W Street: 13771 64 CR 4250 W 16 ST#13 City: WELD GREELEY CO 80634 Business/Complex: Sales Summary Legal Description PT E2SE4 29-6-66 LOT B REC EXEMPT RE-1816 (.84R)SITUS: 13771 64 CR WELD 0 Land Valuation Summary Unit of Number Of Value Per AssmR *Assessed Abst Value Land Type Ag Code Coce Measure Units Unit Actual Value Percent Agricultural A III 411'1 Acres 15.09 $386.92 $5,839 29.00% $1,693 Agricultural A I 411'' Acres 14 $648.00 $9,072 29.00% $2,631 Land Subtotal: 29.09 $14,910.62 $4,320.00 Buildings Valuation Summary Abst Actual Assmt *Assessed Bldg # Property Type Code Occupancy Value Percent Value 1 Out Building 4279 404 - Shed - Utility $1,872 0.29 $543 Improvements Subtotal: $1,872.00 $540.00 Total Property Value $16,783 $4,860 *Approximate Assessed Value Tuesday, July 20, 1999 rer R 57 W. 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I 1 ®I n ., . 5 Ii p F �I ..)6,,,,,„,.,,,t 'l �� ii ' V ��}v' i '.'' + �h ym .Fu°.toni I Eu I (F d^vr 1,4- Fred r J: �fr '. 1.40 , k° Z �{8l'nrt .'.al,. ,: s®P ©2 r t < - ®®���I _ �P®� t * F 'v ;'''®� rs<`I re{ pgqit, t i [ F ^� �� 11'v n rrr �., a c.rii4L. �� t[ C✓ ,f ITJ ' tr yf � $ ) , v ¢" b A I r bar ,',fl Z / $A7Fsl.W 25 Il4'4, II' ., 5 BaR ley-r 1 zr 1 t un b'',4 Bayley-rt.,. 4 ` \ r E E�,y`, 1.' f x "" 55 E$'.Y,yv' 4: ti..A^ _ .. ) t' I . - 'ADAMS COUNTY I $` > 97 76 ("1 rr. K Isis r„;...,.„.„6,64,,,..,..„,,..0.;)„..4..,n � IH .� m. .., ,,� ...�1'L, SO ( Iwamar 1M��— M MAP UNITS Midway-Shingle: Shallow, moderately sloping to strongly sloping, well drained clays and learns formed in residuum from calcareous shale Z I Ulm-Nunn: Deep, level to gently sloping, well drained clay learns and learns formed in alluvial and eolian deposits • Weld-Colby: Deep, nearly level to moderately sloping, well 3'>' ` drained learns formed in calcareous eolian deposits Wiley-Colby-Weld: Deep, nearly level to moderately sloping, well drained silt learns and learns formed in calcareous eolian deposits Olney-Kim-Otero: Deep, nearly level to moderately sloping, y well drained sandy learns and loarnsformed in mixed alluvium and eolian deposits Otero-Thedalund-Nelson:Deep and moderately deep, nearly 6 level to moderately sloping,well drained sandy learns and clay foams formed in alluvium and eolian deposits and in residuum from shale and sandstone Tassel-Thedalund-Terry: Shallow to moderately deep,gently 7 sloping to strongly sloping,well drained sandy learns to clay learns formed in residuum from sandstone and shale Valent-Vona-Osgood:Deep,nearly level to moderately sloping, well drained to excessively drained sands and sandy foams formed in eolian deposits Aquolts-Aquents-Bankard:Deep,level and nearly level,poorly drained and somewhat excessively drained loamy soils and sandy loans formed in alluvium " R,l I Loup-Boel: Deep,level and nearly level, somewhat poorly ' ,�'�, drained and poorly drained loamy sands formed in sandy i u= -:r, alluvium — Nunn-Haverson: Deep, level and nearly level, well drained •Al learns and clay loans formed in alluvium Nunn-Dacono-Altvan: Deep, level and nearly level, well drained loans and clay learns formed in alluvium Julesburg-Bresser:Deep, level and nearly level,well drained ,r sandy loans formed in alluvium • •The terms for texture used in the descriptive heading apply to the surface layer of the major soils. Carpi l•o 1979 U.S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE COLORADO AGRICULTURAL EXPERIMENT STATION GENERAL SOIL MAP WELD COUNTY,COLORADO,SOUTHERN PART i4 Etc ,RL )44• &c oaJ aq- b -6 la • "�_�... . -. _ �. ___ - -„� �, -4"'S.• art coq:' •s�-"a"c^ ',-...c.":-.. .-1-1- .„�,. 1 I '.rte.. rr I '' r l d. S`` 5 '₹ 'l I • OY MK II �' I '. • Mi • F • • • ;,, ,, Shy I� yr* ,l ' , , #x { r9Lv I_ - »,ro k...__.,,_ l Y lY Y ,A i �� I i lc,- 1i, `fir I ICh I ti» 1 \5 � ..r,�® "..� y t t[: I I� 9 ILIII < ' rI �,g�i� 'F ti*r. I` I 1 � � Iea r p r ro ' , . ti . m So , , Ct,.*Iss , r 1 c/=fr/ o0.) /'//4p litW kt ry `! dls i s t f j II z a'mnm, ,,, w,, �wll, X. !. �sozv4u.��" "d t. ! 1',15,!%Il1� 1 T t t N a4 Y41',a y a4 ',t' � A '� 3 �� .. ' 7(�li'''Srt kX ''� i°; dt !- I ,I b rris '.t F 6� i.',or; : ''S' far:rl t f 1^I/ ,,,,,t c::' � N' Y Xy , i. i. • X I'.7 Y-1V ;: Ir "XY rr II'; i IY r q u il iPX r",' P �i I".�If"n'�(Iv ,I,',I.,',I c��IjIf�I J, I 12 �o��ro4g,Y lil", < � <i 4 ,,',f,.:::,•,. P h` 1999 AGRICULTURAL COMMODITY PRICES TEN YEAR AVERAGE 1988-1997 Source:Colo.Agricultural Statistics Service (CASS) s ,.,,..��,,1� 1p4WJ tx� 'tCtl�0.W14��1h! 9 �Ufrnys��Qt 101 10:Ad,�k25f ' ;mow l ti'�74 d )t1-lpa ! 1: 1 �:i1014.0404F ! arf�: �a4'k J o_ i�litaL.ci,,...':1c��1�"L , !' rtr: '986 $58.00 $58.00 $58.00 To rt $58.00 $58.00 987 $57.00 $58.00 $58.00 '� $57.67 $62.00 1988 $79.00 $81.00 $78.00 $79.33 $82.00 1989 $91.00 $88.00 $89.00 $89.33 $91.50 1990 $85.00 $83.00 $79.00 $82.33 $80.50 1991 $75.00 $74.00 $74.00 $74.33 $70.50 1992 $61.00 $63.00 $61.00 $61.67 $84.50 • 1993 $76.00 $73.00 $73.00 $74.00 $77.00 1994 $88.00 $90.00 $93.00 $90.33 $91.00 1995 $89.00 $90.00 $90.00 $89.67 $88.50 • 1996 $85.00 $93.00 $95.00 $91.00 . $98.00 • 1997 $100.00 $100.00 $101.00 .. 4 $100.33 $103.0C $829.00 $835.00 $833.00 X832 33 $846.50 IIAVE'RAGE 82.9 $83.6(1—___$13-00 $83 23 $84.65 • Prior two years that were removed from 10-year average. —Added two years to new 10-year average. 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