So you’ve gone through the ARB hearing, presented your evidence, made your case. Eagerly, you awaited the ARB’s decision to arrive by certified mail.
But it was disappointing. Dissatisfying.
Is that it? Since you’ve already gone through the hearing, is this really the final word on it?
No. You have options: a binding arbitration, an appeal to a state district court, or an appeal to the State Office of Administrative Hearings. First consult with an attorney to determine if you have a case.
Binding Arbitration
If your property is worth $1 million or less (or is a residential homestead, regardless of value), and you are disputing the decision on market or appraised value, you can appeal the ARB’s decision through binding arbitration. Disputes on unequal appraisal determinations cannot be appealed in a binding arbitration.
Fill out the form quickly–the deadline is 45 days after you get the ARB’s order in certified mail. Along with the form, pay a deposit of $500 in money order or a cashier’s check, made payable to the Comptroller. If the arbitrator ends up setting the value of your property closer to your opinion of value than the ARB’s, you’ll get $450 back.
Alternatively, you can pay $250 for expedited arbitration–which limits you to one hour of argument. It also limits the appraisal district to one hour.
Once your form is processed, the Comptroller’s office will send you a website to choose an independent arbitrator. You and the appraisal district must agree on who the arbitrator will be. If you cannot agree, the Comptroller’s office will chose for you.
State District Court
File for a petition for review no later than 60 days after the ARB’s order comes to you in certified mail. You may ask to have your appeal resolved through arbitration, by a jury or a judge.
State Office of Administrative Hearings
If your property is worth more than $1 million and is in Bexar, Cameron, El Paso, Harris, Tarrant, or Travis county, you can appeal to the State Office of Administrative Hearings (SOAH) in a special pilot program. The SOAH is limited to 3,000 appeals and runs through 2012.
Fill out the form and submit it to the chief appraiser of your appraisal district by 30 days after the certified mail with the ARB’s decision arrived, along with a $300 filing fee payable to SOAH. “What form should I fill out,” you ask? The chief administrative law judge will prescribe the form.
Don’t Forget the Taxes
No matter what type of appeal you choose, remember that you must pay your taxes before the delinquency date. Usually, you can make a partial payment of taxes–the amount that is not in dispute. For example, if your property is, in your opinion, worth $100,000, but the ARB determined it was worth $200,000, you must pay the property taxes on the $100,000 worth of property before the delinquency date while you pursue arbitration or appeals.
If you are unable to pay the undisputed property taxes, consider a property tax loan.
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