how to protest your property appraisal

The following is a part of the on-going process of assisting the residents of the King William neighborhood to successfully protest and lower their property taxes. The first step was the meeting held on June 4, 2001, where Roger Perez, president of the KWA and Craig Austin, KW resident and tax attorney, explained the current appraisal problem and presented advice on protesting before the Appraisal Review Board (ARB). This brief outline is meant to help those who have filed a property tax protest to the Bexar County Appraisal District to prepare for their appearance before the Appraisal Review Board.  It summarizes the meeting of June 4 and presents specific information about the process and what you will need to present to effectively protest your appraisal.

The King William Association is here to assist you in your effort to protest your appraisal.  Please call the KWA office and Rita Crosby if you need access to a computer or help in gathering information for your appearance before the ARB.

Sources of information or help:

Bexar County Appraisal District, 411 N. Frio, (210) 224-2432.  You may inspect or obtain, for a fee, a copy of all data, schedules, formulas, and other information the Chief Appraiser plans to introduce at your  hearing.  You must fill out a form that is available at the Appraisal District in order to get this information.  If you want to limit the evidence used by the Chief Appraiser, you must request this information at least 14 days prior to your panel hearing.

www.bcad.org The appraisal district's web site has a wealth of information.  You can get all of the information provided here in more detail plus links and sources to everything that you may want to know about taxation.

You can also check the market and appraisal values of your and any property in the city by going to PROPERTY SEARCH. www.homeradar.com This is a website that can give you the sales price for all recently sold residential properties in your area.

If you have filed a protest, you will receive from the Bexar County Appraisal District a notice of two meetings:

1) The first meeting is an informal meeting with an appraiser.  He will show you his comparable property sales, documents, and information to back up his appraisal.  The homeowner should also bring in all his documentation that will be used to dispute the evaluation.  (This documentation will be explained in more detail later.)  The appraiser may agree to reduce the appraisal at this meeting.  If the homeowner is dissatisfied with the appraiser's decision, then he must protest his valuation before the Appraisal Review Board.

2)The formal hearing will be held approximately two weeks later before a three-member panel.  The hearing process is also described later.

There are several ways to present to the ARB:

4appear in person and present your case.
4authorize in writing someone to appear for you. 
4provide your written evidence by affidavit, a notarized document.  (The Appraisal District staff can help you prepare this affidavit at no cost.)

it is extremely important that the homeowner appear at the informal meeting and the formal hearing either personally or by a representative.  Otherwise, the entire protest will be void.

The Formal Hearing Process

The hearings are held at the BCAD building at 422 Frio.  Parking is available in front of the building.  You will be directed to the hearing room as you enter the building.  Hearings are scheduled between 8:30 a.m. and 5:00 p.m.unless you have specifically requested an evening or weekend hearing when you first submitted your notice of protest. Several cases are scheduled at the same time.  You will be heard in order of sign-in. Your written materials will be submitted to the panel immediately after the hearing begins; the appraiser will do the same. Your presentation is most effective if direct, concise and factual.  Property evaluation is an emotional thing, but it is not determined by emotions.  The facts are the important element; be assertive in presenting your supporting materials. 

The Hearing Procedure

You will be asked to swear or affirm that your evidence is true and correct to the best of your ability.  You will be under oath; IT IS IMPORTANT TO TELL THE TRUTH. The Appraisal Review Board members are also under oath.  There will be three citizen members of your panel.  The middle panel member is the chairman; you will address your questions and requests to the chairman. You will have an opportunity to present your evidence in support of your protest.  The total time for each hearing is 15 minutes for both your presentation and the District Appraiser's presentation.  This time can be extended by 5 minutes.

Following the presentation, the chairman will close the hearing, and the panel will make their recommendation:

4lower the value
4leave the value as is
4raise the value
4grant or deny an exemption or special appraisal, or
4set a new hearing if more evidence is required.

Panel recommendations will be presented to the Full Board for final approval at the next scheduled meeting, and you will be notified by written Board order of their decision within 30 days after Full Board approval. You have the right to appeal the decision of the ARB to the District Court within 45 days of receipt of the Board Order. IF YOU OR YOUR AGENT DO NOT SHOW AT YOUR SCHEDULED HEARING, OR YOU DO NOT SUBMIT EVIDENCE BY AFFIDAVIT, YOUR PROTEST WILL BE DISMISSED AND YOU LOSE THE RIGHT TO APPEAL. RESCHEDULES ARE ONLY GRANTED FOR "GOOD CAUSE", WHICH ARE USUALLY EMERGENCY TYPE SITUATIONS.

Overview of Protest Strategy

The Bexar Appraisal District (BAD) representatives don't have time to do specific research on everyone that protests.  They will bring general data that you can counter with specific data.  Your data will hold more weight with the Appraisal Review Board because it is specific to your property.

To prepare for your hearing you must come up with specific arguments and back them up with specific data.  Examples of data include:

4Contractor estimates for repairs
4Photographs documenting the condition of your home and immediate surroundings
4Inspection reports
4Engineering reports
4Appraisal reports
4Data from the BAD website (www.bcad.org)
4Data from the purchase of your home
4Data of sales prices of homes in your area (the KW office has the list of comparables that were used.)

It's important to CHALLENGE the BCAD claims.  Don't think of them as the experts and allow them to intimidate you.  YOU are the expert on your home. The following may be used for the basis for your protest:

4Value is unequal compared with other properties
4Value is over market value.

Value is unequal compared with other properties

Compare property values of your neighbor's property to yours.  Log onto the Bexar County Appraisal District website (www.bcad.org) to find out these property values and brief descriptions of the properties. (If you don't have access to a computer, make a list of the addresses of the properties on your street and an appointment with Rita Crosby at the KW office to pull the info for you.)

Question the "Effective year built date" especially if some of the elements pre-date that date, such as the original wiring, plumbing, roof, and foundation. 

Make sure to point out if your house doesn't have central heat and/or air.

Compare your house with neighboring houses with the same "effective year built" - and point out any additional improvements that these houses had - newer roof, newer plumbing, re-leveled foundations, etc.

Take the BCAD computer printouts with you.

Value is over market value

Point out any structural defects that would reduce the value of your property if you tried to sell it without remedying those defects.  Examples of structural defects:

4Foundation Needs Rebuilding/ Re-leveling
4Floors are warped/unfinished
4Needs new Internal/External   Plumbing/Sewer line
4Need New Electrical Wiring
4Need New Roof
4Garage Needs Repair
4Porch/Driveway Needs Repair
4Termite Damage/Treatment
4Rotting Wood in Frame or Roof
4Kitchen needs to be updated
4Bathroom(s) need to be updated
4No washer/dryer

Obtain repair estimates from contractors.  Add up the repair costs and use this number to justify a lower market value.  Argue that a potential buyer would demand a lower selling price in order to account for some of these repairs.

Examples of location/area problems or defects which can affect your evaluation:

4It is important for you to know where your home is located in relationship to the National and City Historic Disctricts which abound in the neighborhood.  If you live outside one of the Historic Districts, you need to point that out to the appraiser.  You can check the map at the KW office to help you determine the boundaries of the districts in relationship to your home.*

4Take photos of any eyesores around you: unkempt yards, code compliance violations, houses that are very run-down.  You are not going to get your neighbor into trouble by showing his property in a bad light.

4Don't hesitate to point out any really undesirable neighbors: a vagrant population, a too-densely populated rental property, a business or a social service that generates a lot of traffic and/or noise, commercial fumes.

4If you are near a busy street, a commercial establishment, a school or even a church, point out that privacy and peace and quiet is sacrificed to those conveniences.

*Packets of the comparable sales that BCAD used for the 2001 appraisal are available at the KW office along with a map of the several historic districts. 

Contributors: Craig Austin, Rita Crosby, Candace Nigh, Mike Schroeder