§ 441.38 — Appeal to district court from local board of review

Iowa § 441.38

• Jurisdiction: Iowa
• Title X: FINANCIAL RESOURCES
• Ch. 441: ASSESSMENT AND VALUATION OF PROPERTY

Text

1. Appeals may be taken from the action of the local board of review with reference to
protests of assessment, to the district court of the county in which the board holds its sessions
within twenty days after the board’s adjournment or May 31, whichever date is later. For
appealstakenfromthelocalboardofreviewdirectlytodistrictcourt,newgroundsinaddition
to those set out in the protest to the local board of review, as provided in section 441.37,
may be pleaded. For appeals taken from the local board of review directly to district court,
additional evidence to sustain those grounds set out in the protest to the local board of review
may be introduced. The assessor shall have the same right to appeal and in the same manner
as an individual taxpayer, public body, or other public officer as provided in section 441.42.
Appeals shall be taken by filing a written notice of appeal with the clerk of district court.
Filing of the written notice of appeal shall preserve all rights of appeal of the appellant.
2. Notice of appeal shall be served as an original notice on the chairperson, presiding
officer, or clerk of the board of review after the filing of notice under subsection 1 with the
clerk of district court.
3. The court shall hear the appeal in equity and determine anew all questions arising
before the board of review that relate to the liability of the property to assessment or the
amount of the assessment. The court shall consider all of the evidence and there shall be no
presumption as to the correctness of the valuation or assessment appealed from. The court’s
decision shall be certified by the clerk of the court to the county auditor and the assessor, who
shall correct the assessment books accordingly.

Legislative History

[R60, §738; C73, §827, 831; C97, §1367, 1373; S13, §1373; C24, 27, 31, 35, 39, §7126, 7133; C46, §441.20; C50, 54, 58, §405.24, 441.27, 442.6; C62, 66, 71, 73, 75, 77, 79, 81, §441.38]