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2. SR 04-12-2021
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2. SR 04-12-2021
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Board of Appeal and Equalization Handbook <br />Legal reasons for fair and impartial local boardmeetings <br />Minnesota Statutes, Section 274.01, subdivision 1, paragraph (b)states: <br />“The \[local\] board shall determine whether the taxable property in the town or city has been properly placed on the <br />list and properly valued by the assessor.” <br />Minnesota Statutes, Section 274.13, subdivision 1 states: “The \[county\] board shall examine and compare the returns of the <br />assessment of property of the towns or districts, and equalize them so that each tract orlot of real property and each <br />article or class of personal property is entered on the assessment list at its marketvalue…” <br />This means that any action taken by the board must be doneinanefforttoensurethatalltaxablepropertyinthe jurisdiction <br />has been properly valued and classified by the assessor. It is assumed that the assessor has correctly valued and classified all <br />property. The burden of proof rests with the property owner who must present factual evidence to disprove the assessor’s <br />valuation or classification of theproperty. <br />Minnesota Statutes, Section 273.11, subdivision 1 requires that all property be valued at its market value. The <br />assessor is required to value all property at market value, and the Board of Appeal and Equalization also must keep <br />this in mind when adjusting market values. <br />The board is to hear all appeals and act in a manner that is just. Minnesota Statutes, Section 274.01,subdivision 1, <br />paragraph (b) states: <br />“On application of any person feeling aggrieved, the board shall review the assessment or classification, or both, and <br />correct it as appears just.” <br />To act in a just manner, the board must only make changes that are based on facts. <br />County Boards of Appeal and Equalization are required by Minnesota, Statutes, section 274.13 to take an oath to fairly <br />and impartially perform their duties. <br />A sample of the oath is as follows: <br />“I, <board member’s name>, will solemnly swear that I will support the Constitution of the United States and the <br />Constitution of the State of Minnesota, and that I will faithfully execute and discharge the duties of the <county name> <br />Boardof Appeal and Equalization according to law and to the best of my ability and understanding.” <br />The oath may be administered by a district judge or the clerk of the court and underscores the importance of acting <br />fairly and impartially on all appeals brought before the county board. <br />21 <br /> <br />
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