Ownership of property, and real property especially, is the goal of most Americans. Ownership of private property is enshrined in the United States Constitution. The Fifth Amendment to the U.S. Constitution imposes a requirement that private property cannot be taken by the government without a just process and without just compensation of the private property owner. The Texas Constitution likewise protects private property ownership. The Texas Constitution requires that all property be assessed and taxed equally, uniformly, and in accordance with its value.
Real property located in Texas is subject to taxation. Texas also imposes taxes on certain types of property known as ‘tangible personal property”. Tangible personal property is taxable if (a) it is temporarily located in Texas, (b) it is owned by a resident of Texas and temporarily located outside of Texas, or (c) when the tangible personal property (movable, touchable property) is consistently used in Texas. Some tangible personal property is exempt from taxation; also, Texas has homestead provisions in law that can exempt certain real property from taxation.
Appraisal Review Boards are charged with the responsibility for the valuation, appraisal, and assessment of property tax in Texas. All property owners are required to file annual personal property rendition statements with the appraisal district where the property is situs. Property owners have the right to file an appraisal protest with the Appraisal Review Board within 15 calendar days of receipt of notice. The taxpayer must file a lawsuit appealing the appraisal evaluation within 60 days of receipt of the appraisal review board’s determination. Property owners who prevail on an appeal in District Court on the grounds of excessive or unequal appraisal may be awarded reasonable attorney’s fees.
Why Quick Action is Required to protect Your Property Rights from Tax Foreclosures and Eminent domain?
When property owners are faced with unpaid property taxes or Eminent domain problems, they have little time to waste because statutes of limitations are extremely short in property tax disputes. Miss the deadline, and it could be extremely difficult to defend a foreclosure sale. Similarly, failing to timely reply or defend an eminent domain notice could leave you without any adequate defenses to challenge the government action.
Why choose Property Tax and Eminent Domain Lawyers at Coleman Jackson, P.C. to represent you?
As experienced property tax and eminent domain attorneys and counselors, we can come alongside residential and commercial property owners to counsel and vigorously defend you in the following areas:
- Negotiation and representation before the SALT tax officials.
- Representation in petition for review in district courts.
- Counsel and advocacy in eminent domain proceedings
- Counsel and advocacy in federal and district court property dispute matters, such as title issues, lien issues, and removal of other clouds on the property.
Need a Property Tax Counsel or Eminent Domain Lawyer on your side?
Trouble at your commercial property establishment or at your residence involving property taxes, eminent domain, property valuation, property assessment, or similar property tax matter; call the property tax and eminent domain law firm of Coleman Jackson, P.C. at (214) 599-0431.