PROPERTY OWNERSHIP, IMMINENT DOMAIN AND TAXES

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.

Property Taxes in Texas:

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) its 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 taxable; also, Texas has homestead provisions in law that can exempt certain real property from taxation.

Resolution of Property Tax Disputes in Texas:

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 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 protest decision within 60 days of receipt of the appraisal review boards 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.