06-18-2001
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06-18-2001
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<br />Commission Minutes--June 18, 2001 2298 <br /> <br />,,-- <br /> <br />MOTION, passed <br />Mr. Wieland moved and Mrs. Schneider seconded that the Reuben <br />Richter assessment for property located at 2601 Northwood Drive, in <br />Reed Township, be set at $136,000, as recommended by the County <br />Director of Equalization. Motion carried unanimously. <br /> <br />MOTION, passed <br />Mr. Wieland moved and Mr. Wagner seconded that the Nahir Munoz <br />assessment for property located at 2508 Northwood Drive, in Reed <br />Township, be set at $200,000, as recommended by the County <br />Director of Equalization. Motion carried unanimously. <br /> <br />Mr. Klein reviewed the assessment of Ronald Rekken since the last board meeting, and he <br />recommends denying the appeal. He said it appears the property has been under-assessed <br />for a number of years, and the Warren Township Board reviewed all residential properties and <br />raised the valuations to more realistic levels. Mr. Meyer asked if Mr. Rekken, or anyone <br />representing him, was present at today's meeting. No one addressed the board at this time. <br />MOTION, passed <br />Mr. Wagner moved and Mrs. Schneider seconded to deny the appeal <br />of Ronald Rekken for property located in Warren Township. Motion <br />carried unanimously. <br /> <br />-- <br /> <br />The next appeal is by Bob Schmitz for rural outbuildings in Kinyon Township. Mr. Klein further <br />reviewed this property after the last meeting and provided additional information for the board. <br />He said it appears the property consists of 40 acres, instead of 48.87, as reported at the June <br />4th meeting. Some adjustments need to be made on the assessment roll due to road right-of- <br />way and a drainage ditch. Of the 40 acres, Mr. Klein said 32.8 acres is being cash-rented. He <br />received an IRS Schedule F, 'Profit or Loss from Farming' form for the year 2000, however, Mr. <br />Schmitz has not complied with the request for Schedule F forms for the last 4 years and a <br />breakdown of the sales on the said form. Mr. Klein said he does not believe the taxpayer has <br />met the burden of proof that the outbuildings are being used for farm purposes, and he <br />recommends denying the appeal. <br /> <br />Also, Mr. Klein stated he is recommending that the County Auditor add a new stable/arena <br />(Lester building) to the tax rolls under the omitted property procedures listed in State statutes <br />because that building is not listed on the tax rolls. <br /> <br />Birch Burdick, State's Attorney, said he had a conversation with the State Tax Department legal <br />counsel and, obviously, the property is taxable unless determined to be exempt under North <br />Dakota Century Code. According to Section 57-02-08, the burden is on the person claiming the <br />exemption to prove it. If the County Commission does not feel they have enough information <br />to determine whether the property is being used for a farm operation, Mr. Burdick believes the <br />county board could find that the owner has not met his burden of proof. <br /> <br />.~ Bob Schmitz was present today and addressed the board at this time. He also sent a letter, <br />which was received in today's mail, enclosing photographs of outbuildings on his property. He <br />indicated he has made several telephone calls to the State Tax Department in Bismarck <br />concerning the farm exemption statutes. He feels the law is quite clear in regard to the <br />
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