In re Protest of Egnatic, 110818 KSTAX, 2018-2139-PR
| Opinion Judge | RONALD C. MASON, CHAIR |
| Party Name | IN THE MATTER OF THE PROTEST OF EGNATIC, EDWARD & JUDY K.FOR THE YEAR 2017 IN JOHNSON COUNTY, KANSAS |
| Judge Panel | JAMES D. COOPER, DEVIN SPRECKER MEMBERS. JOELENE R. ALLEN, SECRETARY. |
| Case Date | November 08, 2018 |
| Court | Tax Court of Kansas |
Parcel ID Number: 046-091-01-0-31-05-021.00-0
SUMMARY DECISION
RONALD C. MASON, CHAIR
Now the above-captioned matter comes on for consideration and decision by the Board of Tax Appeals of the State of Kansas. The Board conducted a hearing in this matter on October 31, 2018. The Taxpayers, Edward and Judy K. Egnatic, appeared on their own behalf. Johnson County appeared by Eric Serrano, BOTA Specialist. The tax year in issue is 2017.
The County valued the subject property at $292, 760 using the cost approach as the subject was only partially complete as of the valuation date. The County valued the land portion of the subject property at $121, 160 for tax year 2017(considering it a superior lot due to its proximity to the golf course. The County argued that the Taxpayer's purchase price for the lot in 2016 was below market.
The Taxpayer asserted the land portion of the subject property should be valued at its 2016 sale price of $80, 355. The Taxpayer stated that the purchase price reflected the fair market value of the subject property due to a number of topographical issues with the lot. He also noted that, while the subject lot is on the golf course, it is also in close proximity to a railroad track.
The Board rules that the evidentiary burden is on the County. Based on the evidence presented at the hearing, duly weighing such evidence, the Board determines that the appraised value of the subject property for tax year 2017 is $292, 760. The Board finds that the County valuation of the subject lot, given its location, is supported by the sales of lots in the subdivision.
IT IS THEREFORE ORDERED that the appraised value of the subject property for 2017 is $292, 760.
Any party who is aggrieved by this order may file a written petition for reconsideration with this Board as provided in K.S.A. 77-529 and K.S.A. 74-2426(b), and amendments thereto. The written petition for reconsideration shall set forth specifically and in adequate detail the particular and specific respects in which it is alleged that the Board's order is unlawful, unreasonable, capricious, improper or unfair. Any petition for reconsideration shall be mailed to the Secretary of the Board of Tax Appeals. The written petition must be received by the Board within 15 days of the certification date of this...
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