QUESTION ON CHALLENGING TAXES

Thank you for the question on my post on the tax increases. The question was if a home was purchased in 2008 and taxes have increased, what recourse does one have. I asked Stephanie Dzur, Esq, who is the expert on this and here is her reply:

As you know, you can challenge the value assessed as being excessive, if it is indeed higher than comparable sales; or, challenge the tax scheme itself which some local attorneys believe violates the New Mexico Constitution. This challenge is to the fact that residential property is assessed in a discriminatory manner treating new and old home owners differently. They are probably going to bring a declaratory judgment action this year in Bernalillo County District Court on behalf of taxpayers who closed on their homes in 2008. If such is the case, info will be provided to people like Judy who are blogging about the real estate market.

A taxpayer can EITHER bring a protest or a challenge in District Court, but not both. The protest deadline is a very short time after you receive your assessment. In Bernco I believe the deadline is May 1st. The deadline for filing in District Court is January of 2010. Does this help?