§ 77-5027 — Commission; change valuation; Property Tax Administrator; duties

Nebraska § 77-5027

• Jurisdiction: Nebraska
• Ch. 77: Revenue and Taxation

Text

(1)
The commission shall, pursuant to section 77-5026 , raise or lower the valuation
of any class or subclass of real property in a county when it is necessary
to achieve equalization.
(2) On or before nineteen days following the final filing
due date for the abstract of assessment for real property pursuant to section 77-1514 , the Property Tax Administrator shall prepare and deliver to the commission
and to each county assessor his or her annual reports and opinions. Beginning January 1, 2014, for any county
with a population of at least one hundred fifty thousand inhabitants according
to the most recent federal decennial census, the reports or opinions shall
be prepared and delivered on or before fifteen days following such final filing
due date.
(3) The annual reports and opinions of the Property Tax Administrator
shall contain statistical and narrative reports informing the commission of
the level of value and the quality of assessment of the classes and subclasses
of real property within the county and a certification of the opinion of the
Property Tax Administrator regarding the level of value and quality of assessment
of the classes and subclasses of real property in the county.
(4) In addition to an opinion of level of value and quality
of assessment in the county, the Property Tax Administrator may make nonbinding
recommendations for consideration by the commission.
(5) The Property Tax Administrator shall employ the methods
specified in section 77-112 , the comprehensive assessment ratio study specified
in section 77-1327 , other statistical studies, and an analysis of the assessment
practices employed by the county assessor. If necessary to determine the level
of value and quality of assessment in a county, the Property Tax Administrator
may use sales of comparable real property in market areas similar to the county
or area in question or from another county as indicators of the level of value
and the quality of assessment in a county. The Property Tax Administrator
may use any other relevant information in providing the annual reports and
opinions to the commission.

Legislative History

Source: Laws 1969, c. 628, § 1, p. 2528; Laws 1987, LB 508, § 22; Laws 1988, LB 1207, § 1; Laws 1989, LB 361, § 6; Laws 1995, LB 490, § 57; Laws 1997, LB 342, § 2; R.S.1943, (1996), § 77-508.01; Laws 1997, LB 397, § 45; Laws 2001, LB 170, § 26; Laws 2004, LB 973, § 65; Laws 2005, LB 263, § 15; Laws 2011, LB384, § 35. Annotations: Subsection (3) of this section does not require the Property Tax Administrator to set out every property sale that the Department of Revenue's assessment division has included in its statistical analyses under section 77-1327(3). County of Webster v. Nebraska Tax Equal. & Rev. Comm., 296 Neb. 751, 896 N.W.2d 887 (2017). Pursuant to this section, when ordering an adjustment for purposes of equalization, the Tax Equalization and Review Commission is authorized to adjust only by class or subclass. Bartlett v. Dawes Cty. Bd. of Equal., 259 Neb. 954, 613 N.W.2d 810 (2000). It is only when the appraisal made by the Tax Commissioner, under proper statutory provisions, fails to reflect current values to use in an assessment/sales ratio that this section requires the use of qualified appraisers. Banner County v. State Board of Equalization & Assessment, 206 Neb. 715, 295 N.W.2d 682 (1980). The requirement of section 77-1315, R.R.S.1943, for notice of increase in valuation is not applicable hereunder. Hansen v. County of Lincoln, 188 Neb. 461, 197 N.W.2d 651 (1972).