§ 589 — Change in allocation factor

§ 589. Change in allocation factor. 1. At any time after the\nallocation factor is initially certified to the assessing unit, upon the\nrequest of the city or the owner of the parcel burdened by the easement,\nthe commissioner may compute and certify a new allocation factor based\non a change in circumstances. A request for a review of the allocation\nfactor shall be made by submitting to the commissioner (a) a written\nrequest by the landowner, (b) a written request by the city setting\nforth the claimed change in circumstances, (c) a written stipulation\nentered into by the city and the landowner setting forth the new\nallocation factor, or (d) an appraisal or appraisals performed by a\nlicensed real estate appraiser within one year of submission setting\nforth the current fair market value of the easement and the current fair\nmarket value of the land subject to the easement exclusive of\nimprovements and unencumbered by the easement. The commissioner shall\ndefine the changes in circumstances required to change the allocation\nfactor. The party seeking the change in allocation factor shall provide\ncopies of the appraisals and written request to the other party.\n 2. If one party objects to a change in the allocation factor, the\nparty may submit the appraisals specified in subdivision one of this\nsection within ninety days of receipt of the other parties' appraisal or\nwritten request.\n 3. The commissioner shall review the materials submitted and issue a\ncurrent allocation factor determined by the materials submitted.\n 4. If judicial review is sought to challenge a determination under\nthis section, the action shall be commenced in the county in which the\nreal property is located.\n