LB291 LB291
2021 2021
LEGISLATIVE BILL 291
Approved by the Governor May 21, 2021
Introduced by Friesen, 34.
A BILL FOR AN ACT relating to property taxes; to amend section 77-1502, Reissue Revised Statutes of Nebraska; to change provisions relating to property tax protests; to provide an operative date; and to repeal the original section.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 77-1502, Reissue Revised Statutes of Nebraska, is amended to read:
77-1502 (1) The county board of equalization shall meet for the purpose of
reviewing and deciding written protests filed pursuant to this section beginning on or after June 1 and ending on or before July 25 of each year.
Protests regarding real property shall be signed and filed after the county assessor's completion of the real property assessment roll required by section
77-1315 and on or before June 30. For protests of real property, a protest shall be filed for each parcel. Protests regarding taxable tangible personal property returns filed pursuant to section 77-1229 from January 1 through May 1
shall be signed and filed on or before June 30. The county board in a county with a population of more than one hundred thousand inhabitants based upon the most recent federal decennial census may adopt a resolution to extend the deadline for hearing protests from July 25 to August 10. The resolution must be
adopted before July 25 and it will affect the time for hearing protests for that year only. By adopting such resolution, such county waives any right to
petition the Tax Equalization and Review Commission for adjustment of a class or subclass of real property under section 77-1504.01 for that year.
(2) Each protest shall be made on a form prescribed by the Tax Commissioner, signed, and filed with the county clerk of the county where the property is assessed. It shall be acceptable for a county to create its own form, including an electronic form, as long as the form captures the information required by this subsection. The protest shall contain or have attached a statement of the reason or reasons why the requested change should be made, including the requested valuation, and a description of the property to which the protest applies. If the property is real property, a description adequate to identify each parcel shall be provided. If the property is tangible personal property, a physical description of the property under protest shall be provided. If the protest does not contain or have attached the statement of
the reason or reasons for the protest, including the requested valuation, or the applicable description of the property, the protest shall be dismissed by
the county board of equalization. Counties may make reasonable efforts to
contact protesters who have timely filed a protest but have either filed incomplete information or not used the required form. The protest shall also indicate whether the person signing the protest is an owner of the property or
a person authorized to protest on behalf of the owner. If the person signing the protest is a person authorized to protest on behalf of the owner, such person shall provide the authorization with the protest. If the person signing the protest is not an owner of the property or a person authorized to protest on behalf of the owner, the county clerk shall mail a copy of the protest to
the owner of the property at the address to which the property tax statements are mailed.
(3) Beginning January 1, 2014, in counties with a population of at least one hundred fifty thousand inhabitants according to the most recent federal decennial census, for a protest regarding real property, each protester shall be afforded the opportunity to meet in person with the county board of
equalization or a referee appointed under section 77-1502.01 to provide information relevant to the protested property value.
(4) No hearing of the county board of equalization on a protest filed under this section shall be held before a single commissioner or supervisor.
(5) The county clerk or county assessor shall prepare a separate report on
each protest. The report shall include (a) a description adequate to identify the real property or a physical description of the tangible personal property to which the protest applies, (b) any recommendation of the county assessor for action on the protest, (c) if a referee is used, the recommendation of the referee, (d) the date the county board of equalization heard the protest, (e)
the decision made by the county board of equalization, (f) the date of the decision, and (g) the date notice of the decision was mailed to the protester.
The report shall contain, or have attached to it, a statement, signed by the chairperson of the county board of equalization, describing the basis upon which the board's decision was made. The report shall have attached to it a copy of that portion of the property record file which substantiates calculation of the protested value unless the county assessor certifies to the county board of equalization that a copy is maintained in either electronic or
paper form in his or her office. One copy of the report, if prepared by the county clerk, shall be given to the county assessor on or before August 2. The county assessor shall have no authority to make a change in the assessment
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LB291 LB291
2021 2021
rolls until there is in his or her possession a report which has been completed in the manner specified in this section. If the county assessor deems a report submitted by the county clerk incomplete, the county assessor shall return the same to the county clerk for proper preparation.
(6) On or before August 2, or on or before August 18 in a county that has adopted a resolution to extend the deadline for hearing protests, the county clerk shall mail to the protester written notice of the board's decision. The notice shall contain a statement advising the protester that a report of the board's decision is available at the county clerk's or county assessor's office, whichever is appropriate. If the protester is not an owner of the property involved in the protest or a person authorized to protest on behalf of
the owner, the county clerk shall also mail written notice of the board’s decision to the owner of such property at the address to which the property tax statements are mailed.
Sec. 2. This act becomes operative on January 1, 2022.
Sec. 3. Original section 77-1502, Reissue Revised Statutes of Nebraska,
is repealed.
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Statutes affected: Introduced: 77-1502
Final Reading: 77-1502
Slip Law: 77-1502