Property taxes are a tremendous operating expense for commercial property owners, but many property owners have little working knowledge of them. Unlike income taxes, property taxes are based on an assessed value as determined by a government body. In today's market, it is not uncommon to find property assessed at a value higher than its actual just value. These over-assessed properties result in impacted landowners bearing an inordinate tax burden based on an improper assessment. In spite of this, surprisingly few property owners understand the process of obtaining relief from inaccurate tax assessments.
Overly burdensome assessments can come about for any number of reasons or market factors. These include property vacancy, adjusted rent, renegotiated lease terms, lack of market demand. Additionally, vacated tenant build outs or special construction may limit prospective tenants without significant expense to the property owner. Sometimes the problem can be as simple as a lack of information available to the property appraiser or the property appraiser's flawed application of existing data. At the end of the day, an accurate assessment should generally relate to an accurate value of a given property. This article will shed light on the assessment process itself and will explain your options if you find yourself bearing an inequitable burden of taxes from an over assessed property.
Every year, Florida property appraisers determine the "just value" of properties within their jurisdiction as of the first day of January. This value becomes the basis for the taxes assessed against each particular property by one or more of Florida's 640 taxing authorities. Florida law requires that property appraisers take into account the cash value of the property, the highest and best use of the property, the location of the property, the size of the property, the condition of the property and the income from the property. The law also requires that the property appraisers use professionally accepted appraisal practices when reaching a conclusion as to just value.
After the property appraiser determines a just value, Florida law requires that the tax assessor send each property owner a TRIM ("Truth in Millage") Notice. Property appraisers mail these to each property annually during the month of August. Each notice contains the property appraiser's proposed assessed value, any applicable exemptions, millage rates proposed by each taxing authority and, most importantly, an estimated amount of taxes owed for the property. Upon receipt of the TRIM Notice reflecting an inaccurate assessed value of their property, a property owner may choose to appeal that valuation amount.
To read more, click here
Curriculum VitaeDownload VcardTracy Gratton, Paralegal
Ellen Neil is a trial attorney whose practice has covered every aspect of eminent domain and property tax litigation. She has represented condemning authorities as well as owners in condemnation projects for roads, schools, power line corridors, gas lines and redevelopment projects. Her major clients include gas stations, convenience stores, restaurants, professional offices, residential property owners and small business owners. In the property tax field, Ms. Neil has achieved numerous reductions in assessed value for owners of citrus, mining, aerospace and retail manufacturing clients. In one notable case, she acted as lead counsel in an assessment challenge involving a mining facility, which resulted in a reduction of over $100 million dollars in assessed value. An abbreviated list of the issues Ms. Neil has litigated in this field includes the appraisal criteria for just value under Florida law; the effect of environmental restrictions and of obsolescence on value; highest and best use; depreciation; valuation of hardware and software; inventory; and entitlement to exemptions and immunity from taxation. While most tax matters are resolved without the necessity of an appeal, the following are among those Ms. Neil has litigated: Daniel v. American Cyanamid Co., 480 So.2d 678 (1985); Ridgewood Phosphate Corp. v. Perkins, 487 So.2d 40 (Fla. 2d DCA 1986); and Roden v. Estech, 508 So.2d 728 (Fla. 1987).
Ms. Neil handled the acquisition of a 26 mile electric transmission corridor, as well as road projects for several cities and counties before focusing her practice on property owners. She has written numerous articles on condemnation and speaks frequently before owners' associations, bar association groups and other professional associations involved in eminent domain matters. She is recognized in the Martindale Hubbell Bar Register of Preeminent Lawyers in the field of Eminent Domain. She was recognized as a "Super Lawyer" by Florida Super Lawyers Magazine in 2008.
Ms. Neil is a member of The Florida Bar, the Charlotte County Bar Association, the Lee County Bar Association and the Hillsborough County Bar Association. She is also a member of the National Association of Corporate Real Estate Executives and the Florida Association for Women Lawyers.
Ms. Neil was born in Providence, Rhode Island on October 22, 1946. She attended Rhode Island College and received her B.S. in 1968, and a Master's Degree in Special Education in 1969, both with high honors. She attended Stetson University College of Law and was a member of the Law Review from 1980-1981, graduating with high honors in 1981.
Ms. Neil was a partner in the Holland and Knight Law firm for 18 years before starting her own firm in 1999. She became Of Counsel to Gaylord Merlin Ludovici & Diaz in 2003. She is admitted to practice before all Florida Courts and the U. S. District Court for the Middle District of Florida.
Ellen Neil is certified as a mediator in all current courts of Florida and as an arbitrator for the Federal Courts in the Middle District of Florida. She has also been certified by NITA as an instructor and has completed advanced Trial Advocacy Training with NITA. She taught Appellate Advocacy at Stetson from 1982 - 1984, while at Holland and Knight.
Ms. Neil lives and practices in Boca Grande, Florida, where she attends Our Lady of Mercy Catholic Church and is on the Board of the Suncoast Humane Society.
Curriculum VitaeDownload VcardCarol Edler, Paralegal
Mr. Gaylord is an experienced litigator whose practice focuses on the representation of private property owners in eminent domain proceedings, tax appeals, and the real property litigation.
Mr. Gaylord is a graduate of the United States Merchant Marine Academy in Kings Point, NY. While at the Academy, he spent a year at sea as a seaman's apprentice delivering commercial cargo to ports in Belgium, England, France, Germany, Holland, Israel, Malta, Mexico, Spain and Tunisia. After his time at sea, Mr. Gaylord was licensed as a third mate for Vessels of Unlimited Tonnage and an Advanced Marine Firefighter.
Upon graduation from the Academy, Mr. Gaylord served as an officer in the United States Army. In the Army, he was a Platoon Leader of an amphibious watercraft platoon, the operations and planning officer of waterborne battalion, and an executive officer for a contingency contracting detachment.
While in the Army, Mr. Gaylord deployed to both Kuwait and Afghanistan, where he served with the Coalition Forces Land Component Command during the Global War on Terror.
When his Army service concluded, Mr. Gaylord attended the Stetson University College of Law, where he was a member of the winning trial team in both the ATLA/Yerrid Law Group Trial Competition and the Stetson College of Law Advanced Trial Competition. On graduation, he was honored with Stetson University's Outstanding Graduate award as well as the Attorneys' Title Insurance Fund Award, a distinction given to one law student each year who demonstrates outstanding proficiency in the fields of property, real estate, and land use planning.
"Eminent Domain Issues Raise Need for Condemnation Clauses," Tampa Bay Business Journal (2007).
"Condemnation Clauses for Landlords and Tenants: An Ounce of Prevention is Worth a Pound of Cure," Petrogram: News for Florida's Petroleum and Convenience Store Industry (Winter 2007).
Mr. Gaylord is a member of the Florida Bar Association, the Hillsborough County Bar Association, the Hillsborough County Young Lawyers Division, the Real Property, Probate and Trust Law Section of Florida, and the International Council of Shopping Centers (ISCS).
Mr. Gaylord is married to Haven Davis Gaylord. Together they enjoy freediving, spearfishing, running, biking, participating in triathlons, and spending time with their son.
