Page 1 of 2 12 LastLast
Results 1 to 15 of 26

Thread: Property Taxes and Assessments

  1. #1
    WSFirst
    Guest

    Property Taxes and Assessments

    When was the last time West Seneca had a Property Taxes and Assessments?

  2. #2
    Member dtwarren's Avatar
    Join Date
    Jul 2003
    Location
    West Seneca, New York, United States
    Posts
    4,636
    I believe it was in the early to mid-1980's.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

  3. #3
    WSFirst
    Guest
    Quote Originally Posted by dtwarren View Post
    I believe it was in the early to mid-1980's.
    How can that be allowed?

  4. #4
    Member dtwarren's Avatar
    Join Date
    Jul 2003
    Location
    West Seneca, New York, United States
    Posts
    4,636
    Because no one who is adversely affected has sued the Town yet and those who are reaping the benefit of under-assessed home value are not in any rush to see that changed for the most part.

    Meanwhile people cry about no business/development in the town but why would you move something or develop something here is you are going to be disproportionately taxed?
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

  5. #5
    Member
    Join Date
    Mar 2014
    Posts
    765
    Quote Originally Posted by dtwarren View Post
    Because no one who is adversely affected has sued the Town yet and those who are reaping the benefit of under-assessed home value are not in any rush to see that changed for the most part.

    Meanwhile people cry about no business/development in the town but why would you move something or develop something here is you are going to be disproportionately taxed?
    EVERY town in WNY has a problem with properties being disproportionately taxed, Nothing is "FAIR" about the way property taxes are applied in NY.

    You have exemptions, senior discounts, veterans discounts, tax credits and more, those that don't receive any of them must make up the difference.

    https://www.tax.ny.gov/research/prop...n2/sec2_01.htm

  6. #6
    Member dtwarren's Avatar
    Join Date
    Jul 2003
    Location
    West Seneca, New York, United States
    Posts
    4,636
    Quote Originally Posted by Electric Eye View Post
    EVERY town in WNY has a problem with properties being disproportionately taxed, Nothing is "FAIR" about the way property taxes are applied in NY.

    You have exemptions, senior discounts, veterans discounts, tax credits and more, those that don't receive any of them must make up the difference.

    https://www.tax.ny.gov/research/prop...n2/sec2_01.htm
    There is a much more fundamental issue at stake here than what what one considers "fair". Regardless of whether or not you think those exemptions exist all property should be equally assessed. From Krugman v. Board of Assessors, 141 A.D.2d 175, 183-184 (N.Y. App. Div. 2d Dep't Oct. 24, 1988): "we conclude that the respondents' practice of selective reassessment of only those properties in the village which were sold during the prior year contravenes statutory and constitutional mandates. In order to achieve uniformity and ensure that each property owner is paying an equitable share of the total tax burden the assessors, at a minimum, were required to review all property on the tax rolls in order to assess the properties at a uniform percentage of their market value. The respondents' disparate treatment of new property owners on the one hand and long-term property owners on the other has the effect of permitting property owners who have been longstanding recipients of public amenities to bear the least amount of their cost. We can conceive of no legitimate governmental purpose to be served by perpetuating this differential treatment nor do the respondents suggest any such rational basis in their opposing papers. It would appear that the sole purpose of the different classes is to serve administrative convenience by relieving the village of the burden of conducting a total review of the tax roll and instead permitting a piecemeal approach to reassessments. This approach lacks any rational basis in law and results in invidious discrimination between owners of similarly situated property. Thus, the respondents' method of reassessment violates the Equal Protection Clause of both the United States Constitution (US Const 14th Amend) and the New York State Constitution (NY Const, art I, § 11).
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

  7. #7
    WSFirst
    Guest
    Why hasn’t anyone challenged this in court?

  8. #8
    Member
    Join Date
    Mar 2014
    Posts
    765
    NY state law says the towns have to reassess each year, however it doesn't say they must apply those values.

    https://www.tax.ny.gov/pit/property/learn/asmts.htm

  9. #9
    WSFirst
    Guest
    Quote Originally Posted by Electric Eye View Post
    NY state law says the towns have to reassess each year, however it doesn't say they must apply those values.

    https://www.tax.ny.gov/pit/property/learn/asmts.htm
    Are you saying the assessment is happening but the values are not being applied? Reasoning? I guess I’m lost on the rationale?

  10. #10
    Member
    Join Date
    Mar 2014
    Posts
    765
    Quote Originally Posted by WSFirst View Post
    Are you saying the assessment is happening but the values are not being applied? Reasoning? I guess I’m lost on the rationale?
    From the link in m previous post "All properties in your municipality (except in New York City and Nassau County) are required to be assessed at a uniform percentage of market value each year. In other words, all taxable properties in your city or town must be assessed at market value or at the same percentage of market value."

  11. #11
    WSFirst
    Guest
    Quote Originally Posted by Electric Eye View Post
    From the link in m previous post "All properties in your municipality (except in New York City and Nassau County) are required to be assessed at a uniform percentage of market value each year. In other words, all taxable properties in your city or town must be assessed at market value or at the same percentage of market value."
    DT said WS hasn't had assessment since mid 80s but you said the process happens every year just the values are not being applied? How is that allowed? Doesn't make any sense to me

  12. #12
    Member
    Join Date
    Mar 2014
    Posts
    765
    Quote Originally Posted by WSFirst View Post
    DT said WS hasn't had assessment since mid 80s but you said the process happens every year just the values are not being applied? How is that allowed? Doesn't make any sense to me
    The law say the towns are supposed to assess yearly, WS definitely isn't reassessing like I claimed earlier. Are they "assessing" to the letter of the law?

    Apparently, Southgate plaza has legally called the Town of West Seneca out on this and just won a lawsuit.

    http://buffalonews.com/2017/11/28/ju...uthgate-plaza/

    One has to wonder if the school tax is being fairly applied as WS has not reassessed since the 80's and Cheektowaga HAS reassessed those that live in the West Seneca School district MANY times since the 80's ( 3x in the last 8yrs,).
    Last edited by Electric Eye; November 29th, 2017 at 12:20 PM.

  13. #13
    Member dtwarren's Avatar
    Join Date
    Jul 2003
    Location
    West Seneca, New York, United States
    Posts
    4,636
    Here are the pertinent documents from the Court

    Petitioner's Memorandum of Law: https://www.scribd.com/document/365868112/Pet-MOL

    Respondents' Memorandum of Law: https://www.scribd.com/document/365868116/RES-MOL

    West Seneca's Notice of Appeal: https://www.scribd.com/document/365868103/Noa

    Exhibit "A" to the Notice of Appeal transcript of the Court's order: https://www.scribd.com/document/365868113/Oral-Order

    I do not believe they have to do a 100%reassesment of the municipality annually. Just so the newest assessed property and the oldest assessed property are not too disproportionate.

    Also see:https://www.tax.ny.gov/.../orpts/leg...ons/v10/60.htm & https://www.tax.ny.gov/.../orpts/leg...ons/v11/14.htm
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

  14. #14
    WSFirst
    Guest
    Quote Originally Posted by Electric Eye View Post
    The law say the towns are supposed to assess yearly, WS definitely isn't reassessing like I claimed earlier. Are they "assessing" to the letter of the law?

    Apparently, Southgate plaza has legally called the Town of West Seneca out on this and just won a lawsuit.

    http://buffalonews.com/2017/11/28/ju...uthgate-plaza/

    One has to wonder if the school tax is being fairly applied as WS has not reassessed since the 80's and Cheektowaga HAS reassessed those that live in the West Seneca School district MANY times since the 80's ( 3x in the last 8yrs,).
    If someone is being assessed 3x in the last 8 years, someone a street over isn't being assessed at all? There are plenty of areas in West Seneca that on the border of Cheektowaga.

    State law specifically bars an assessor from reassessing only properties that were recently sold or improved. Rather, reassessments must be based on a municipal-wide plan and applied consistently to all similar properties

    How are they reassessing Southgate Plaza but not assessing another business on Union or Orchard Park Road? I looked up a property in Vista Ct. built in 2017, assessed at $27k, selling for $350k+ vs a house built in the 1940s assessed at $54k selling for $200k?
    Last edited by WSFirst; November 29th, 2017 at 11:17 PM.

  15. #15
    Member dtwarren's Avatar
    Join Date
    Jul 2003
    Location
    West Seneca, New York, United States
    Posts
    4,636
    From what I understand it was selected based on an application for a building/demolition permit.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

Page 1 of 2 12 LastLast

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Similar Threads

  1. Property assessments should be based on income!
    By speakup in forum Morning Breakfast - Breaking News
    Replies: 19
    Last Post: December 2nd, 2008, 11:20 AM
  2. NT Property Assessments
    By grovergolfer in forum North, Town, City of Tonawanda, Village of Kenmore Politics
    Replies: 1
    Last Post: May 6th, 2005, 10:48 AM
  3. full value property tax assessments: Are they an advantage or disadvantage?
    By farmall806 in forum Village of East Aurora, Town of Wales, Aurora, Holland and Sardinia Politics
    Replies: 2
    Last Post: December 5th, 2004, 12:02 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •