MUNICIPAL PROPERTY
ASSESSMENT CORPORATION
the minimum Information required for a fair hearing
To be provided as part of the Pre-hearing Stream
Rule 83
A. the current value claimed by MPAC and how it is
calculated.
1. Request a precise delineation of all of the components
forming part of their calculation of the value of your property;
2. Request information as to the exact methodology applied to
each of the identified components
3. Request documents in the possession of MPAC in respect of
your property upon which the appraisal was based including the "MCE" documents;
B identification of the vicinity claimed by the
party.
4. What geographical area does MPAC reply upon as being
applicable to your property? Provide details of the exact boundaries of the area.
5. MPAC should be asked to provide a list of all
sales in the geographical area for the period applicable to the valuation, whether or not
they are relying upon them as comparables to your property. You don't want MPAC to
"cherry pick" just the ones they like!
Note:
Section 19.1 (1)(a) - land shall be
assessed, for a taxation year before 2005, at the land's current value for the taxation
year. MPAC's Property Assessment Notice 2003 states:
"The assessed value of your property on June 30, 2003, is shown below.
This value will be used by your local municipality when calculating your 2004 property
taxes."
In other words, MPAC can't rely upon sales after June 30,
2003.
6. In respect of each actual sale identified, MPAC should be
asked to provide any comparable property report in its records, and then;
7. MPAC should also be asked to provide written details as to
how their formula was applied to each of the actual sales ie: a precise delineation of all
of the components forming part of their calculation and Information as to the exact
methodology applied to each of the identified components and any supporting documents..
C. identification of similar properties upon which
MPAC relies.
8. MPAC should be asked to tell you in writing what specific
comparable sales they are relying upon and (if not provided as a result of question
seven,) then in respect of their list of comparable properties sold, to provide a precise
delineation of all of the components forming part of their calculation and Information as
to the exact methodology applied to each of the identified components and any supporting
documents..
9. If you have specific comparable sales in mind request MPAC
to tell you what their property assessment was of each such property for the 2004,
taxation year and in relation to each such property a precise delineation of all of the
components forming part of their calculation and Information as to the exact methodology
applied to each of the identified components.
Note: Why is this important? Assume that you
aware of two actual sales in the vicinity that were 20 percent less than the property
assessment made by MPAC. By examining their exact calculations you can find out how MPAC
went into error and whether they may have made the same type of error on your property.
D. Issues & listing of the information
/documentation of which MPAC knows and intends to rely upon at the hearing.
10. What are the issues that MPAC intends to raise at the
hearing. A full written statement on each issue is required.
11. In respect of each and every issue, MPAC should be asked
to list the information and documents which they intends to produce in
evidence at the hearing.
12. MPAC should be asked to advise in writing no later than
30 days before the hearing of any changes to the list in respect of the information and
documents which they intends to produce in evidence at the hearing.
13. MPAC should be requested to provide copies to you of all
documents upon which they intends to rely at the hearing and give an ongoing undertaking
to provide any further documents that come to their attention but not later than 30 days
before the hearing.
14. MPAC should be asked to provide the names of all
witnesses they intend to call at the hearing and provide in advance of the hearing a
statement of their qualifications.
Good luck in your Assessment Appeal
Bruce Haines |