This text of Indiana § 6-1.1-15-2.5 (Agreed waiver of a determination by the county board; direct
submission to the Indiana board; stipulation of assessed value as
determined by an independent appraisal) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
5.
(a)This section applies to a notice filed by
a taxpayer under section 1.1 of this chapter with respect to the
assessment of the taxpayer's tangible property.
(b)Instead of a hearing before the county board, a taxpayer and a
township or county official or, if the claim concerns a matter that is in
the discretion of the county auditor, the county auditor may enter into
an agreement in which both parties:
(1)agree to waive a determination by the county board and
submit the dispute directly to the Indiana board; or
(2)stipulate to the assessed value of the tangible property in
dispute as determined by an independent appraisal under terms
and conditions in subsection (e).
A taxpayer and a township or county official may still enter into an
agreement under section 1.2(b) of this chapter a
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5. (a) This section applies to a notice filed by
a taxpayer under section 1.1 of this chapter with respect to the
assessment of the taxpayer's tangible property.
(b) Instead of a hearing before the county board, a taxpayer and a
township or county official or, if the claim concerns a matter that is in
the discretion of the county auditor, the county auditor may enter into
an agreement in which both parties:
(1) agree to waive a determination by the county board and
submit the dispute directly to the Indiana board; or
(2) stipulate to the assessed value of the tangible property in
dispute as determined by an independent appraisal under terms
and conditions in subsection (e).
A taxpayer and a township or county official may still enter into an
agreement under section 1.2(b) of this chapter and not be subject to the
requirements of this section.
(c) An agreement under this section may not be entered into more
than one hundred twenty (120) days after the date of the notice under
subsection (a).
(d) The township or county official or county auditor, whichever
applies, shall immediately forward an agreement entered into under this
section to the county board.
(e) An agreement entered into by a taxpayer and a township or
county official under subsection (b)(2) must include the following
provisions:
(1) The county board shall select three (3) Indiana registered
appraisers as potential appraisers to conduct an independent
appraisal under the agreement.
(2) Not later than fifteen (15) days after the county board's
selection of potential appraisers, the:
(A) taxpayer; and
(B) township or county official;
may each strike one (1) appraiser from the list of potential
appraisers by providing written notice to the county board of the
name of the appraiser to strike from the list.
(3) Not later than sixty (60) days after the date of the agreement,
an appraisal shall be conducted by the Indiana registered
appraiser who is:
(A) not struck from the list of potential appraisers, if two (2)
potential appraisers are struck from the list under subdivision
(2); or
(B) selected by the county board from the list of potential
appraisers, if fewer than two (2) potential appraisers are struck
from the list under subdivision (2).
(4) The appraisal conducted under subdivision (3) shall be:
(A) prepared in accordance with usual and customary
professional standards for an Indiana registered appraiser;
(B) notarized; and
(C) filed with the county board not later than three (3) days
after its completion.
(5) The taxpayer and the township or county official stipulate for
purposes of review by the county board that the correct assessed
value of the tangible property in dispute is the appraised value of
the tangible property as determined by the appraisal conducted
under subdivision (3).
(6) The taxpayer and the township or county official retain the
right to initiate a proceeding for review of a stipulated
determination entered by the county board under subsection (g)
before the Indiana board under section 3 of this chapter.
(7) Any other provision the department of local government
finance considers appropriate.
(f) The department of local government finance shall prescribe a
standard form agreement that must be used for purposes of this section.
The department shall require the form agreement to be notarized.
(g) Upon receipt of an independent appraisal conducted under this
section, the county board shall enter a stipulated determination of
assessed value:
(1) based on the agreement of the parties under subsection (b)(2);
and
(2) equal to the appraised value of the property as determined by
the independent appraisal.
(h) A taxpayer or a township or county official may initiate a
proceeding for review of a stipulated determination entered by a county
board under this section before the Indiana board as required by section
3 of this chapter.