Say, you opted to file a protest on your property taxes and you just had a hearing before the appraisal review board. If you do not agree with the decision made by the ARB, there are three options you have in hand to appeal. You can either appeal to the district court, opt for binding arbitration, or opt for a SOAH. Let’s take a detailed look at all three options. Starting with appealing to the district court.
HERE ARE THREE OPTIONS YOU CAN TRY IF YOU DO NOT AGREE WITH THE ARB’S DECISION
APPEAL TO THE DISTRICT COURT
Every property owner has the right to appeal to the district court. In order to appeal, a lawsuit has to be filed with the district court first. This has to be done within 60 days of receiving the written notice about the decision made by the ARB. It is always a good idea to consult an attorney if you decide to take your appeal to the district court.
BINDING ARBITRATION
Not all properties qualify for binding arbitration. To know if you should do a binding arbitration or not, you can refer to this blog that better explains “Should I Opt For A Binding Arbitration?”. If you wish to opt, fill in the request binding arbitration form.
This form has to be submitted with a deposit within 60 days after receiving written notice of the ARB’s decision.
The deposit can be made either in the form of a money order or a check issued in the name of “Texas Comptroller of Public Accounts”.
The form has to be filed with the district along with the deposit amount. After this, the form is forwarded to the Comptroller’s office.
The arbitrators will then arrange for a preceding and declare his/her decision about the value of your property.
If the decision taken by the arbitrator is close to your opinion stated in the form, the district will pay the arbitrator’s fee and your deposit will be refunded by the comptroller’s office deducting $50 as the administrative fee. In cases where the arbitrator’s decision and the ARB’s value are close, the arbitrator’s fee will be deducted from your deposit.
SOAH – STATE OFFICE OF ADMINISTRATIVE HEARINGS
If your property is valued at more than $1 million then the SOAH option is available to you. Industrial properties do not qualify. A notice of appeal to the SOAH by the owner of the property should be filed within 30 days to the district after receiving the written notice of the ARB’s decision. Within a period of 90 days, a deposit of $1,500 must be paid to the SOAH and filed with the district. The deposit and the appeal form are then forwarded to the SOAH and a request for the appointment of a qualified law judge is made in order to hear the appeal.
If you still have questions about binding arbitration get them cleared here.
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