133.170 Certification of equalization -- Appeal by fiscal court -- Exoneration from
643 words·~3 min read·
/ky/133-170A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
increase in value -- Application -- Procedure -- Appeal.
(1)When the Department of Revenue has completed its equalization of the assessment
of the property in any county, it shall certify its action to the county judge/executive,
with a copy of the certification for the county clerk, to be laid before the fiscal court
of the county.
(2)If the fiscal court deems it proper to ask for a review of the aggregate equalization
of any class or subclass of property, it shall direct the county attorney to prosecute
an appeal of the aggregate increase to the Board of Tax Appeals pursuant to KRS
49.220 within ten
(10)days from the date of the certification.
(3)Within ten
(10)days from the date that the department's aggregate equalization of
any or all classes or subclasses of property becomes final by failure of the fiscal
court to prosecute an appeal or by order of the Board of Tax Appeals pursuant to
KRS 49.200 to 49.250 or the courts, the fiscal court shall cause to be published, at
least one
(1)time, in the newspaper having the largest circulation within the county,
a public notice of the department's action.
(4)Within ten
(10)days from the date of the publication of the notice required in
subsection
(3)of this section, any individual taxpayer whose property assessment is
increased above its fair cash value by the equalization action may file with the
county clerk an application for exoneration of his property assessment from the
increase. The application shall be filed in duplicate and shall include the name and
address of the person in whose name the property is assessed; the assessment of the
property before the increase; the description and location of the property including
the description shown on the tax roll; the property owner's reason for appeal; and all
other pertinent facts having a bearing upon its value. The county clerk shall forward
one
(1)copy, of each application for exoneration to the Department of Revenue and
shall exclude the amount of the equalization increase from the assessment in the
preparation of the property tax bill for each property for which an application for
exoneration has been filed.
(5)The county judge/executive shall reconvene the board of supervisors immediately
following the close of the period for filing applications for exoneration from the
increase. The board shall schedule and conduct hearings on all applications in the
manner prescribed for hearing appeals by KRS 133.120; however, the board shall
not have authority to reduce any assessment to an amount less than that listed for
the property at the time of adjournment of the regular board session.
(6)The county clerk shall act as clerk of the reconvened board and shall keep an
accurate record of the proceedings in the same manner as provided by KRS
133.125. Within five
(5)days of the adjournment of the reconvened board, he or she
shall notify each property owner in writing of the final action of the board with
relation to the equalization increase and shall forward a copy of the proceedings
certified by the chairman of the board and attested by him or her to the Department
of Revenue and to the other taxing districts participating in the tax.
(7)Any taxpayer whose application has been denied, in whole or in part, may appeal to
the Board of Tax Appeals as provided in KRS 49.220, and appeals thereafter may
be taken to the courts as provided in KRS 49.250.
(8)The provisions of KRS 133.120(9) shall apply to the payment of taxes upon any
property assessment for which an application for exoneration has been filed.
(9)The provisions of subsections (4), (5), (6), (7), and
(8)of this section shall only
apply to appeals growing out of equalization action by the Department of Revenue
under the provisions of KRS 133.150.