This bill changes the rules for who pays attorney fees when property owners challenge their property assessments in court. If a property owner wins their case or reduces their assessment by at least 20%, the court must now award them attorney fees and court costs, whereas currently the court only has the option to do so. Additionally, the bill requires courts to award these fees to the county when property owners lose their appeals, replacing the current discretionary standard.
The amendment expands when courts must award fees to prevailing parties: from any appeal victory to specifically cases where property is reclassified or assessment is reduced by at least twenty percent.
The amendment reverses the default rule for non-prevailing appellants: courts must now award disbursements to counties when owners fail to prevail, and adds a new exception denying awards when owners hindered proper assessment.
Other amendments
Taxation Tabled Passed, YEAS 12, NAYS 0. H.J. 11
Taxation Do Pass Failed, YEAS 4, NAYS 8. H.J. 11
Taxation Scheduled for hearing
First read in House and referred to House Taxation H.J. 416
Senate Do Pass Amended Passed, YEAS 34, NAYS 0. S.J. 345
Senate Deferred with pending amendment (Rule 5-17) S.J. 313
Senate Motion to amend Passed, YEAS 19, NAYS 15. S.J. 312
Senate Deferred to another day S.J. 294
Judiciary Do Pass Amended Passed, YEAS 6, NAYS 0. S.J. 23
Judiciary Motion to amend S.J. 23
Judiciary Scheduled for hearing S.J. 1
Judiciary Scheduled for hearing S.J. 1
First read in Senate and referred to Senate Judiciary S.J. 161
Prime sponsor · Sen.
R
Prime sponsor · Rep.
R
Cosponsors
Taxation — Do Pass
Taxation — Tabled
Do Pass Amended
Motion to amend
Judiciary — Do Pass Amended