Future Appeals Accessibility Act
Section 1. Short Title
This Act shall be known as the Future Appeals Accessibility Act.
Section 2. Purpose
The purpose of this Act is to improve fairness, transparency, and accessibility in residential property valuation procedures by establishing minimum standards for advance notice, inspection access, public deadline disclosure, appeal guidance, approved appraisal access, and reimbursement of eligible appeal-related costs when a property owner substantially prevails.
This Act is procedural in nature and shall not be interpreted to reduce property tax rates, cap levies, limit voter-approved taxation, restrict lawful taxing authority, or guarantee a lower valuation or tax bill.
Section 3. Advance Notice of Scheduled Valuation Activity
A. Notice Required
At least 120 days before scheduled valuation activity, the responsible public authority shall provide written notice to the affected property owner.
The notice shall be sent by mail to the property owner’s address of record and may also be provided electronically if the property owner has consented to electronic notice.
B. Contents of Notice
The notice shall clearly state:
- That the property is scheduled for valuation, revaluation, reassessment, triennial update, sexennial reappraisal, or other official valuation review.
- The property or parcel affected.
- The expected valuation period or anticipated completion date.
- The property owner’s right to request onsite inspection.
- The deadline for requesting onsite inspection.
- The method for submitting an inspection request.
- Contact information for the responsible public authority.
- That failure to request onsite inspection within the required period permits the valuation process to proceed.
- That the responsible public authority is not required to provide a second notice, reminder, follow-up warning, telephone call, or additional opportunity to request inspection.
- That failure to request onsite inspection does not waive the property owner’s right to file a valuation complaint or appeal after final valuation notice is issued.
Section 4. Inspection Election Period
A. Sixty-Day Election Period
A property owner who receives advance notice under this Act shall have 60 days from receipt of notice to request onsite inspection.
For administrative purposes, notice sent by mail shall be presumed received five days after mailing unless the property owner demonstrates otherwise.
B. No Second Notice Required
The responsible public authority satisfies its pre-valuation notice obligation by providing the initial notice required under this Act.
The State, county, county auditor, municipality, board of revision, or other responsible public authority shall not be required to provide a second notice, reminder notice, follow-up warning, telephone call, electronic message, or additional inspection election period before proceeding with scheduled valuation activity.
C. Failure to Respond
If the property owner does not request onsite inspection within the 60-day inspection election period, the responsible public authority may proceed with scheduled valuation activity using otherwise lawful valuation methods.
After expiration of the 60-day inspection election period, the property owner’s recourse shall be the established valuation complaint and appeal process.
Section 5. Onsite Inspection
A. Inspection Upon Timely Request
If a property owner timely requests onsite inspection, the responsible public authority shall make reasonable efforts to schedule and conduct the inspection before finalizing the valuation.
B. Scope of Inspection
The inspection may consider property characteristics relevant to valuation, including:
- Exterior condition.
- Structural condition.
- Deferred maintenance.
- Damage or deterioration.
- Functional obsolescence.
- Property characteristics used in valuation records.
- Other conditions reasonably relevant to valuation accuracy.
C. Interior Access Voluntary
Nothing in this Act authorizes forced entry into a home or premises.
Interior access shall remain voluntary. A property owner may refuse interior access, and such refusal shall not, by itself, be treated as evidence that the property is in superior condition.
D. Inspection Cooperation and Appraisal Cost Limitation
A property owner who requests onsite inspection shall reasonably cooperate with the responsible public authority in scheduling and completing the inspection.
If a property owner requests onsite inspection and later refuses access, fails to make the property reasonably available, or prevents completion of the inspection without good cause, the property owner shall retain the right to file a valuation complaint or appeal. However, the property owner shall be responsible for appraisal costs incurred in connection with that appeal and shall not be eligible for reimbursement of appraisal costs under this Act.
Good cause may include illness, disability, hospitalization, emergency, unsafe conditions, natural disaster, reasonable scheduling conflict, failure of the inspector to provide proper identification, failure of the public authority to provide reasonable scheduling options, concern over improper inspection conduct, or other circumstances beyond the property owner’s reasonable control.
Section 6. Public Valuation and Appeal Dates
A. Publication Required
The responsible public authority shall publish on a publicly accessible state, county, or municipal website:
- The expected valuation completion date.
- The final valuation notice issuance date.
- The appeal filing start date.
- The appeal filing expiration date.
- Inspection request instructions.
- Appeal filing instructions.
- Approved appraiser information.
- Reimbursement eligibility and limitation information.
B. Firm Administrative Dates
Published valuation completion dates and appeal expiration dates shall be treated as firm administrative dates.
Such dates may be changed only due to natural disaster, declared emergency, court order, postal disruption, major system failure, administrative impossibility, or other unforeseen circumstances materially interfering with valuation completion, notice delivery, or appeal access.
Any change to a published date shall be publicly posted with a written explanation.
Section 7. Final Valuation Notice and Appeal Period
A. Final Valuation Notice
Upon completion of scheduled valuation activity, the responsible public authority shall provide final valuation notice to the property owner.
The final valuation notice shall include:
- The final valuation assigned to the property.
- The prior valuation, where applicable.
- The date valuation was completed.
- The date the appeal period begins.
- The date the appeal period expires.
- The office or body with which a valuation complaint or appeal must be filed.
- Available filing methods.
- General examples of evidence that may support an appeal.
- Approved appraiser information.
- Reimbursement eligibility and limitation information.
B. Additional Forty-Five-Day Appeal Period
Upon issuance of final valuation notice, the property owner shall have an additional 45 days to file a valuation complaint or appeal, subject to integration with existing statutory appeal procedures.
The publicly posted appeal expiration date shall control for purposes of determining timeliness unless modified under the limited circumstances authorized by this Act.
Section 8. Plain-Language Appeal Guidance
The Department shall develop and publish plain-language guidance explaining the property valuation complaint and appeal process.
The guidance shall include:
- Who to contact for valuation questions.
- How to request onsite inspection.
- How to file a valuation complaint or appeal.
- Applicable deadlines.
- Available filing methods.
- Common evidence used in valuation appeals.
- The role of appraisal evidence.
- Approved appraiser information.
- Reimbursement eligibility.
- Reimbursement limitations and exclusions.
- Documentation required for reimbursement.
- Common filing mistakes that may affect appeal rights.
Counties may supplement state guidance with local contact information, filing instructions, and county-specific procedures.
Section 9. Approved Appraiser Program
A. Approved Appraiser List
The Department, county, municipality, or responsible public authority shall maintain a publicly available list of approved appraisers who may provide appraisal services for valuation complaints or appeals.
B. Qualifications
Approved appraisers shall be licensed or certified under applicable law and shall meet qualification standards established by rule.
C. Approved Rate Schedule
The Department or responsible public authority shall establish or publish an approved rate schedule for appraisal services used in valuation complaints or appeals.
The approved rate schedule shall be designed to:
- Prevent excessive appraisal costs.
- Give property owners advance notice of potential appraisal expenses.
- Prevent inflated rates in appeal-related appraisal work.
- Protect public funds when reimbursement is required.
- Support fair access to appraisal evidence.
D. No Guaranteed Outcome
Use of an approved appraiser shall not guarantee appeal success.
Inclusion on an approved appraiser list shall not require a board of revision, court, or other reviewing body to accept the appraisal as controlling evidence.
Section 10. Reimbursement for Property Owners Who Substantially Prevail
A. Right to Reimbursement
If a property owner substantially prevails in a valuation complaint or appeal concerning residential real property, the State shall reimburse eligible, reasonable, documented, and appeal-related costs, subject to this Act and rules adopted under it.
B. Substantially Prevails
A property owner substantially prevails when a board of revision, Board of Tax Appeals, court of competent jurisdiction, or other authorized reviewing body issues a final decision reducing the appraised, assessed, or taxable value of the property from the value originally determined by the responsible public authority.
C. Eligible Costs
Eligible reimbursable costs may include:
- Approved appraisal costs.
- Filing fees directly related to the appeal.
- Required document production costs.
- Certified mailing or service costs.
- Other appeal-related costs authorized by rule.
D. Excluded Costs
Reimbursement shall not include:
- Excessive or undocumented expenses.
- Costs unrelated to the valuation appeal.
- Attorney fees unless separately authorized by law.
- Fraudulent or bad-faith expenses.
- Costs above the approved reimbursement schedule unless an exception is authorized by rule.
- Appraisal costs where the property owner requested onsite inspection and then prevented completion of that inspection without good cause.
- Costs not disclosed as eligible or authorized by rule.
E. State Responsibility
Reimbursement shall be paid by the State through the Property Valuation Appeal Accessibility Fund or another state-administered funding source.
Reimbursement shall not be charged directly to counties, school districts, municipalities, townships, library districts, or other local taxing units.
Section 11. Reimbursement Disclosure
The Department or responsible public authority shall publish general reimbursement information before the appeal period begins.
The disclosure shall explain:
- That reimbursement applies only when a property owner substantially prevails.
- That reimbursement is limited to reasonable, documented, and appeal-related costs.
- Categories of costs that may be reimbursed.
- Categories of costs that are excluded.
- Documentation required for reimbursement.
- Approved appraisal rate rules.
- Whether use of a non-approved appraiser may limit reimbursement.
- That reimbursement is not guaranteed before the appeal is decided.
- That the State is not responsible for costs not authorized by statute or rule.
The disclosure shall be included in plain-language appeal guidance, final valuation notices, public appeal webpages, and approved appraiser materials.
Section 12. Property Valuation Appeal Accessibility Fund
There is created in the state treasury the Property Valuation Appeal Accessibility Fund, to be administered by the Department or another agency designated by law.
The Fund may be used for:
- Reimbursement of eligible appeal-related costs when a property owner substantially prevails.
- Administration of reimbursement claims.
- Publication and maintenance of approved appraiser information.
- Public guidance and forms required under this Act.
- Compliance reporting and program review.
The Fund shall consist of money appropriated by the General Assembly and any other money authorized by law.
Section 13. Rulemaking Authority
The Department may adopt rules necessary to implement this Act.
Rules may address:
- Notice templates.
- Inspection request procedures.
- Final valuation notice requirements.
- Public deadline posting standards.
- Approved appraiser qualifications.
- Approved appraisal rate schedules.
- Reimbursement categories and exclusions.
- Documentation requirements.
- Reimbursement application procedures.
- Review procedures for denied or partially approved reimbursement claims.
- County reporting requirements.
- Compliance review.
- Safeguards against fraud, abuse, excessive costs, and bad-faith claims.
Section 14. Records, Reporting, and Compliance
Responsible public authorities shall maintain records sufficient to demonstrate compliance with this Act, including:
- Date advance notice was sent.
- Method of notice.
- Property or parcel affected.
- Whether onsite inspection was requested.
- Whether inspection was completed.
- Any reason inspection was not completed.
- Final valuation notice date.
- Published appeal expiration date.
- Appeal filings received.
- Reimbursement claims submitted and resolved.
The Department may require annual compliance reporting and may conduct periodic compliance reviews.
Section 15. Corrective Action
If the Department determines that a county, municipality, or responsible public authority has failed to comply with this Act, the Department may require corrective action.
Corrective action may include revised notice procedures, updated public postings, staff training, improved inspection tracking, corrected appeal guidance, revised reimbursement disclosures, or follow-up reporting.
Corrective action shall focus on restoring compliance and preventing repeated procedural failure.
Section 16. Limitations
Nothing in this Act shall be interpreted to:
- Reduce property tax rates.
- Cap tax increases.
- Limit voter-approved levies.
- Guarantee a lower valuation.
- Guarantee a lower tax bill.
- Replace existing valuation appeal procedures except as expressly supplemented by this Act.
- Authorize forced entry into a home or premises.
- Require repeated notice.
- Create an indefinite right to delay valuation.
- Require public employees to provide legal advice, appraisal opinions, or valuation representation.
- Require public authorities to recommend a specific private appraiser.
- Create automatic relief for harmless procedural errors.
- Create unlimited reimbursement obligations for the State.
Section 17. Severability
If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Act that can be given effect without the invalid provision or application.
Section 18. Effective Date and Implementation
This Act shall take effect 90 days after enactment.
The Department shall begin rulemaking, form development, public guidance preparation, approved appraiser standards, reimbursement procedures, and county implementation coordination within the time prescribed by law.
Full statewide implementation may be phased according to rules adopted by the Department and appropriations made by the General Assembly.