Section 6-1.1-28-1 - [Effective Until 7/1/2024] County property tax assessment board of appeals(a) This section applies only to a county that is not participating in a multiple county property tax assessment board of appeals.(b) Each county shall have a county property tax assessment board of appeals composed of individuals who are at least eighteen (18) years of age and knowledgeable in the valuation of property. At the election of the board of commissioners of the county, a county property tax assessment board of appeals may consist of three (3) or five (5) members appointed in accordance with this section.(c) This subsection applies to a county in which the board of commissioners elects to have a five (5) member county property tax assessment board of appeals. In addition to the county assessor, only one (1) other individual who is an officer or employee of a county or township may serve on the board of appeals in the county in which the individual is an officer or employee. Subject to subsections (h) and (i), the fiscal body of the county shall appoint two (2) individuals to the board. At least one (1) of the members appointed by the county fiscal body must be a certified level two or level three assessor-appraiser. The fiscal body may waive the requirement in this subsection that one (1) of the members appointed by the fiscal body must be a certified level two or level three assessor-appraiser. Subject to subsections (h) and (i), the board of commissioners of the county shall appoint three (3) freehold members so that not more than three (3) of the five (5) members may be of the same political party and so that at least three (3) of the five (5) members are residents of the county. At least one (1) of the members appointed by the board of county commissioners must be a certified level two or level three assessor-appraiser. The board of county commissioners may waive the requirement in this subsection that one (1) of the freehold members appointed by the board of county commissioners must be a certified level two or level three assessor-appraiser.(d) This subsection applies to a county in which the board of commissioners elects to have a three (3) member county property tax assessment board of appeals. In addition to the county assessor, only one (1) other individual who is an officer or employee of a county or township may serve on the board of appeals in the county in which the individual is an officer or employee. Subject to subsections (h) and (i), the fiscal body of the county shall appoint one (1) individual to the board. The member appointed by the county fiscal body must be a certified level two or level three assessor-appraiser. The fiscal body may waive the requirement in this subsection that the member appointed by the fiscal body must be a certified level two or level three assessor-appraiser. Subject to subsections (e) and (f), the board of commissioners of the county shall appoint two (2) freehold members so that not more than two (2) of the three (3) members may be of the same political party and so that at least two (2) of the three (3) members are residents of the county. At least one (1) of the members appointed by the board of county commissioners must be a certified level two or level three assessor-appraiser. The board of county commissioners may waive the requirement in this subsection that one (1) of the freehold members appointed by the board of county commissioners must be a certified level two or level three assessor-appraiser.(e) A person appointed to a property tax assessment board of appeals may serve on the property tax assessment board of appeals of another county at the same time. The members of the board shall elect a president. The employees of the county assessor shall provide administrative support to the property tax assessment board of appeals. The county assessor is a nonvoting member of the property tax assessment board of appeals. The county assessor shall serve as secretary of the board. The secretary shall keep full and accurate minutes of the proceedings of the board. A majority of the board constitutes a quorum for the transaction of business. Any question properly before the board may be decided by the agreement of a majority of the whole board.(f) The county assessor, county fiscal body, and board of county commissioners may agree to waive the requirement in subsection (c) or (d) that not more than three (3) of the five (5) or two (2) of the three (3) members of the county property tax assessment board of appeals may be of the same political party if it is necessary to waive the requirement due to the absence of certified level two or level three Indiana assessor-appraisers: (1) who are willing to serve on the board; and(2) whose political party membership status would satisfy the requirement in subsection (c) or (d).(g) If the board of county commissioners is not able to identify at least two (2) prospective freehold members of the county property tax assessment board of appeals who are:(1) residents of the county;(2) certified level two or level three Indiana assessor-appraisers; and(3) willing to serve on the county property tax assessment board of appeals; it is not necessary that at least three (3) of the five (5) or two (2) of the three (3) members of the county property tax assessment board of appeals be residents of the county.
(h) Except as provided in subsection (i), the term of a member of the county property tax assessment board of appeals appointed under this section:(i) If: (1) the term of a member of the county property tax assessment board of appeals appointed under this section expires; (2) the member is not reappointed; and(3) a successor is not appointed; the term of the member continues until a successor is appointed.
(j) An: (1) employee of the township assessor or county assessor; or(2) appraiser, as defined in IC 6-1.1-31.7-1; may not serve as a voting member of a county property tax assessment board of appeals in a county where the employee or appraiser is employed.
Pre-1975 Property Tax Recodification Citation: 6-1-37-1.
Amended by P.L. 236-2023,SEC. 47, eff. 7/1/2023.Amended by P.L. 86-2018,SEC. 59, eff. 3/15/2018.Amended by P.L. 207-2016, SEC. 12, eff. 1/1/2017.Amended by P.L. 134-2014, SEC. 3, eff. 7/1/2014.Amended by P.L. 112-2014, SEC. 1, eff. 7/1/2014.(Formerly: Acts1975 , P.L. 47, SEC.1.) As amended by P.L. 7-1983, SEC.8; P.L. 24-1986, SEC.21; P.L. 6-1997, SEC.91; P.L. 198-2001, SEC.65; P.L. 178-2002, SEC.35; P.L. 228-2005, SEC.24; P.L. 219-2007, SEC.72; P.L. 182-2009 (ss), SEC.166.This section is set out more than once due to postponed, multiple, or conflicting amendments.