74.39 Court-ordered reassessment.

213 words·~1 min read·/wi/chapter-74/74-39

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Court may order. Except as provided in sub.

(3), in any action under s. 74.35

(3)or 74.37

(3), if the court determines that a reassessment of the property upon which the taxes were paid is necessary, the court, before entering judgment, shall continue the action to permit reassessment of the property. If, based on the reassessment, the court determines that the amount of taxes paid by the plaintiff is not excessive, judgment shall be entered for the defendant. If, based on the reassessment, the court determines that the amount of taxes paid by the plaintiff is excessive, judgment shall be entered for the plaintiff for the amount of the excessive taxes paid.

(2)Challenge of reassessment. The validity of a reassessment under sub.

(1)may be challenged under s. 75.54 . A reassessment under s. 75.54 shall be made by the assessor of the assessment district in which the property to be reassessed is located.

(3)Exception. The court may proceed to judgment without ordering a reassessment under sub.

(1), if the court finds that to do so is in the best interests of all parties to the action and if the court is able to determine the amount of unlawful taxes with reasonable certainty.