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What do I need to know about the County assessment notice I just received in the mail?

June 17, 2015 By Tayson Rockefeller Leave a Comment

Not long ago I did an article on property taxes, and how they work here in Teton County. In that article I go over levies, taxing districts and so on. Since I won’t go into too much detail on that end of things, feel free to email me, and I will forward you the link to that post. I keep all of the Ask the Expert articles up on the Teton Valley Realty website blog.
Anyway – the county’s primary source of revenue is property tax. The county has to come up with a way for all property owners to share the cost of “operations”, and they accomplished that by prorating each property owner’s share based on the value of their property. They determine that value based on sales prices, construction costs, rents, etc. Whenever a property is sold here in the county, they send the new property owner a letter requesting the details of the sale, including purchase price. ***Note, Idaho is a non-disclosure state, and the new owner is not required to respond to the letter.
Back to your asessment notice. Many of you probably noticed an increase in your assessed value this year. Don’t get excited, this only means that your prorated share of property taxes is going to increase. The increase most of us are seeing is based mostly on real estate recovery. Building costs are up, rents are up, demand is higher than in recent years, and supply is low. It’s important that you understand the accuracy of this letter. If the county is assessing the value of your property too high, you could be unnecessarily paying more than your fair share of property taxes. If the value is too low… well, you decide what to do.
If you read read your notice, you will see instructions on how to “appeal” your property’s assesment. If you only made note of the value and stashed it in your file cabinet, you can find that information on the county’s website under additional information on the assessor page. If you don’t email, you can pick up the information at the county courthouse during normal business hours, or stop by my office and I will print it out for you. IMPORTANT – should you decide that the county is over valuing your property, the deadline for appeal is Monday, June 22nd at 5:00 PM. The county is surprisingly easy to work with regarding the appeal process, but probably less so as we approach the deadline. Those who wait until 4:30PM on Monday the 22nd, might see less cooperation.
Prior to starting the appeal process, it would be a good idea to arm yourself with data supporting your claim that your property is overvalued. If you are a land owner, you might obtain recent sales of lots in your subdivision or nearby. When the county assesses homes, they value the land, then the improvements for a total assessed value. You could obtain sales data for land, or data of recent home sales in your area, as long as they are similar in size. If you have a finished basement and your neighbor doesn’t, that would definitely affect assessed value. A great resource is your favorite real estate agent, who would probably love to send you the information you are looking for.
There is a bit of good news in all of this, our market is improving dramatically. If you missed last month’s article, It’s a good overview of where we are today.

Teton County, Idaho Property Tax

March 17, 2015 By Tayson Rockefeller 1 Comment

TETON COUNTY, IDAHO

Trying to figure out how property tax and levies are created can be daunting, even for a real estate agent! Property tax can be defined as the primary source of revenue for the local governments that serve and protect the community, such as school districts, ambulance, fire, and so on.
First, we should understand how your property values are assessed. Basically, the assessor’s office identifies and values all the taxable property in the county.  They use recent sales data, estimated construction costs, and other data to estimate the value of each property. All valuations are monitored by the state tax commission to ensure accuracy and compliance with state laws. The letters that you receive asking about sale data after you purchase a property are used to help value your property. Note*** Idaho is a nondisclosure state, and you are not required to submit this document. Weigh the pros and cons of giving this information to the County.
Next, we need to understand how the levy (imposed tax) is calculated. This job is handled by the County Clerk. The simplest answer is the rate is calculated by dividing the amount of property tax needed by the total taxable value of all the properties. The long answer is not quite that simple, but it uses the same method. This method is used by 14 districts within the county that create their own budget, and calculate a tax rate for that specific district. District 1, the City of Driggs has a slightly different tax rate and budget than District 2, in the City of Victor. So, each district divides their budget by the taxable value of the properties within that district to come up with the tax rate for that district.
Now that we have the tax rate for your district, and your assessed value, all each district has to do is multiply the value of your property by the tax rate to come up with your property tax amount. So, this is the final step before you receive your bill. It’s important to understand that each budget is created at the end of the year, and therefore your taxes are assessed for the prior year. The taxes are paid in two halves for each year. The first half of each year becomes due December 20th and the second half of that year is due the following year on June 20th. State law limits budget increases as a whole (not on an individual basis) to 3%.
Understanding that this is a very brief description of how the system works, coming from someone who does not work for the County with only a limited understanding, there are a few other points to be made here. One question you might ask yourself is, how can I reduce the amount I pay in property taxes? There are a few things to keep your eye on. First, if the property is your primary residence, make sure that you have applied for the homeowners exemption. This must be filed with the assessor’s office by April 15th. Second, always review your annual assessment notice, and call the assessor’s office if things seem out of line.  Idaho Code states that any claim for tax reduction shall be filed with the assessor’s office between January 1st and April 15th of each year.

Water rights, how do they work?

February 17, 2015 By Tayson Rockefeller Leave a Comment

Water rights are an important part of any real property with rights in Idaho. They are not insured by a standard title insurance policy, so it’s important that you have an understanding of your property’s rights. I am not going to focus too much on how to obtain a water right, (it’s a complex process) but rather a general scope of the types, and uses for these rights. To start, I will describe what a water right is.

 

A water right is basically a “right” to divert water for a beneficial use, such as irrigation, domestic, or commercial use. The diversion is what is used to obtain the water, in the form of a head gate and ditch, well, irrigation pump, etc.

 

Next, the types of water rights, there are 2 main types – Surface rights, and Ground rights. Surface rights are the rights we see, such as ditches, diversions from creeks, runoffs, springs, and so on. Irrigation ditches carry water for the benefit of the rights owner. Ground water rights are not naturally present at the surface of the ground. Ground rights include drilled wells. Irrigation wells are currently under a moratorium in some areas of the state, in those areas, only rights dating back prior to the moratorium exist. This is because the ground rights users were using the available water for the end users with senior rights. If you do not have Ground rights, however, you can still have a well such as a domestic or culinary well, limited to 13,000 gallons per day and .5 acres of yard irrigation. Other noteworthy “types” would be water you receive from an irrigation district or utility company, and stock water use, Cattle/stock owners are not restricted on use of existing streams on their land for stock water purposes. You should also know that Idaho does not recognize riparian rights, in which the owner of and has the right to make reasonable use of the water under or on their land. Waters in Idaho are considered public waters.

 

Dates, appropriation, and how rights are established are an important aspect of the above rights. Idaho’s rights to use water when there is a shortage is determined by priority dates, or when the right was established. Prior to 1971, a user could simply divert surface water, and apply it to a beneficial use. These rights must have documentation of when they were first used, which determines their priority date. Ground water could be obtained the same way prior to 1963. These rights are called “beneficial” or “historic” use rights. These rights have now been recorded with the Idaho Department of Water Resources, or IDWR. Rights are now established by an application/permit/license procedure with the IDWR, and that process is contingent on available water and approval.

 

You can research whether or not you own water rights (water rights in Idaho are privately owned and are considered real property rights, much like property rights in land) with the IDWR, and their interactive website. There are 4 regional offices (N, E, S & Western) all of Teton County is in the Eastern Regional Office. Remember that if you receive your water from an irrigation district or utility, that right will be owned by, and listed under that “company” or owner.

 

***Source: Idaho Department of Water Resources

Who are the Friends of the Teton River?

February 17, 2015 By Tayson Rockefeller Leave a Comment

Who are the Friends of the Teton River, and what do they do?

Teton Valley is fortunate to have a number of organizations and non profits who’s sole interest is for the good of our community. Perhaps I will describe some of these other organizations in future columns.

I decided to run this week’s ask the expert about this organization, because they were recently able to help me. I had a question regarding community water systems, and after trying to find the right person to contact with in the Idaho Department of Water Resources, I discovered that FTR knew the answer, and was actually drafting a document to help others with the same question. I met with the organization to get a better understanding of what else they do.

My initial expectation was that everything would be directly related to the Teton River (hence the name). As I listened in during my meeting, I discovered that is mostly true, but the responsibilities of the organization extends far past the River itself.

Some of the main points are stream and fishery restorations, drinking water protection and work related to flood plains and ways.

Some of the areas I wasn’t expecting to see such great effort was related to water rights, and the FTR’s ability to work with other similar organizations to optimize donations made to these organizations collectively. For example, I learned that FTR works closely with the Teton Regional Land Trust. In circumstances where land is donated or otherwise, they are able to work together to make sure that any water rights pertinent to that property are used to the best possible advantage of our streams and waterways. They also work with individual water rights owners for the benefit of both the owner and the organization. There are circumstances where water rights owners want to retain the water right, but need to put the right to good use, which is where FTR can help to ensure that the right is not only being used, but again benefiting our waterways.

Another great resource this organization offers is education. I mentioned above that they were able to help me with something that I was otherwise having difficulty trying to understand. FTR can be used as an excellent resource as a “one stop shop” for anything related to streams, rivers, floodplains, or otherwise. The nice thing is that they always seem to know who to contact and in what department. Nobody has a good understanding of all of these departments such as FEMA, IDWR, DEQ, and more, like they do.

I was of course also interested in how they are funded. They are funded by local donations and organizations, federal and state grants, as well as private, public, and family based foundations.

Friends of the Teton River has so much more to offer than just the above points, and we all benefit from their services in one way or another. I would urge all of you to visit their website at tetonwater.org, and of course make a donation!

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