§ 23254 Property Transfer Protest Rules

Key Takeaways

•If a bunch of empty land is going to be moved to a new area, the owners can say no if they own at least half the value of that land.
•The value of the land is based on tax records. If the land isn’t taxed, the county will guess its value like it was taxed.
•If the land is owned by both regular people and the government, both can team up to say no if they together own half the value.
•If you’re buying land but haven’t finished paying, you can say no instead of the seller.

Example

A big empty field next to a town is going to be moved to a new city. The field is worth $1,000,000 total.

If the owners of $500,000 worth of that field say no, the move gets canceled. The value is checked using tax records or the county’s guess if it’s not taxed.

On the date and at the time set for hearing, the commission shall hear and consider all protests made by owners of property within the uninhabited territory proposed to be transferred. If the territory proposed to be transferred is uninhabited, the commission shall hear and pass upon all protests so made: (a) If privately owned property and no publicly owned property is proposed to be transferred, further proceedings shall not be taken if protest is made by private owners of one-half of the value of the uninhabited territory proposed to be transferred. The value given such property for protest purposes shall be that shown on the last equalized assessment roll if the property is not exempt from taxation. If the property is exempt from taxation, its value for protest purposes shall be determined by the county assessor in the same amount as he would assess such property if it were not exempt from taxation. (b) If privately owned property and publicly owned property are proposed to be transferred in the same proceeding, further proceedings shall not be taken if protest is made by public and private owners of one-half of the value of the uninhabited territory. The value given privately owned property shall be determined pursuant to subdivision (a) of this section. The value given publicly owned property for protest purposes shall be determined by the county assessor in the same manner as is provided in subdivision (a) of this section for privately owned property, exempt from taxation. (c) The value for protest purposes to be given property held in joint tenancy or tenancy in common shall be determined by the commission in proportion to the proportionate interest of the protestant in such property. (d) When property is subject to a written recorded agreement to buy, the purchaser under the agreement may protest and the seller may not even though he is shown as the owner on the last equalized assessment roll. Determinations of the value of publicly owned property, or privately owned property exempt from taxation by the county assessor for protest purpose shall be obtained from the assessor by the protestant and submitted to the commission with the written protest. (Added by Stats. 1974, Ch. 1393.)

Key Takeaways

•If a bunch of empty land is going to be moved to a new area, the owners can say no if they own at least half the value of that land.
•The value of the land is based on tax records. If the land isn’t taxed, the county will guess its value like it was taxed.
•If the land is owned by both regular people and the government, both can team up to say no if they together own half the value.
•If you’re buying land but haven’t finished paying, you can say no instead of the seller.

Example

A big empty field next to a town is going to be moved to a new city. The field is worth $1,000,000 total.

If the owners of $500,000 worth of that field say no, the move gets canceled. The value is checked using tax records or the county’s guess if it’s not taxed.

Key Takeaways

Example

Key Terms

References

§ 23254 Property Transfer Protest Rules

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References