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 BROADENS the bill by expanding when courts must award attorney fees and disbursements to prevailing property owners—changing the trigger from simply "prevailing in the appeal" to include cases where owners achieve a reclassification or obtain an assessment reduction of at least twenty percent, and applies this same standard to both circuit court and Supreme Court proceedings. This shift STRENGTHENS protections for property owners by making fee awards more automatic in cases of partial success, not just complete victories.
The amendment **strengthens protections for property owners** by making it mandatory (rather than discretionary) for courts to award disbursements and attorney fees to owners who lose appeals, while also adding a new three-tier system at the Supreme Court level that awards fees based on the degree of assessment reduction achieved (20% or more triggers mandatory awards, less than 20% allows discretionary awards). Additionally, the amendment adds a safeguard preventing fee awards if the owner hindered the county's assessment process.
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