Click here for telephone numbers and e-mail addresses to contact the DeKalb County commissioners about the GM redevelopment plan. Please see below to read my recent article on the subject.
Taxpayers Shouldn’t Become Developer’s ATM
August 20, 2010Drive north on Peachtree Road and Peachtree Industrial Boulevard through Brookhaven, Chamblee, Doraville and into Dunwoody and the view is startling. Shopping centers are empty like the ghost towns of the Wild West.
Town Brookhaven is finally sprouting major anchor stores, but is having trouble filling its smaller retail store fronts. Chamblee Plaza? Nearly empty. The new “Super H Mart” center adjacent to the GM site? It’s nearly empty, too.
The CoStar Group, a national real estate analysis firm, says the vacancy rates of retail, shopping centers and offices in North DeKalb are at catastrophic levels when you compare them to the national average. With so many empty store fronts, why would county officials push so hard to use our tax dollars for a supersized mixed-use project at the site of the former GM plant in Doraville?
Consider this:
- In the North DeKalb zip codes 30319, 30338, 30340, 30341, 30346 and 30360, the vacancy rate for shopping centers is 23 percent compared to 14 percent in DeKalb County as a whole and 10 percent in the City of Atlanta.
- The vacancy rate for North DeKalb office buildings is 24 percent compared to 18 percent in the county overall and 20 percent in the City of Atlanta.
- Retail vacancy rates are 17 percent in those zip codes, 11 percent in DeKalb overall, and 9 percent in Atlanta, according to CoStar.
The county’s elected officials are considering using a special allocation of $36 million in federal stimulus bonds on the 165-acre GM site with visions of creating another Atlantic Station. These bonds come with a high price tag to the taxpayers. DeKalb officials would use the stimulus bonds as a $36 million “gift” to an out-of-state developer, New Broad Street of Florida.
Worse yet, county taxpayers would have to pay the principal and a majority of the interest on these bonds. It’s very likely that means higher property taxes for you and me because the county doesn’t otherwise have the money to make the payments.
In ordinary times, the developer wouldn’t have to rely on county taxpayers. There would be more private investment to help finance the project. But these are no ordinary times. We’re in the midst of the worst commercial real estate market in memory. Private investors don’t want to provide the financing for an overly ambitious mixed-use project consisting of shopping, apartments and offices. The county wants the taxpayers to step in and do what private investors won’t do: bear the risks of this project.
If a new restaurant, retail shop or gas station, for example, wants to open for business, investors take the risk whether it prospers or fails. The same should be true for this project. DeKalb taxpayers are not a bank. They are not in the business of providing corporate welfare to jump start a project the private sector would never finance.
This is the most ambitious project we’ve ever seen county officials attempt to tackle, and it comes during a deep recession. It is not the taxpayers’ job to finance the next Atlantic Station and add to the already glutted market a new supply of retail and commercial space.
The definition of insanity, according to Albert Einstein, is doing the same thing over and over and expecting different results. We should heed the lessons of the “real estate bubble” and steer clear of risking taxpayer funds for further overdevelopment. After the bubble has burst, don’t use our tax dollars to create another bubble!
There are two final things to consider:
1. The GM site ultimately will be redeveloped if the county does not intervene. It’s arguably the most valuable parcel of available commercial property in the county. It’s on a major highway (I-285), a major north-south artery (Peachtree Industrial), and a MARTA station. In better economic times, something that private investors and market forces will support will be built there. I’m confident of that.
2. These particular stimulus bonds are supposed to be used for public infrastructure projects, not for private development. When used properly, they are a cheaper way of financing these projects. The county already has a list of infrastructure needs a mile long, not the least of which is the water and sewer system upgrades that they plan to fund with massive increases in our water bills. The bonds could be used to defray those costs. They also could be used for projects such as street repairs, new sidewalks, intersection upgrades, and parks.
The DeKalb County Board of Commissioners will vote on this matter next Tuesday, August 24.
Commissioner Elaine Boyer has pledged to vote against it. I encourage you to contact the other six county commissioners (Rader, Johnson, Barnes-Sutton, May, Gannon, and Stokes) and urge them to vote “no” as well. In particular, Commissioner Jeff Rader appears not to have taken a position as of yet. You can find the commissioners’ telephone numbers and e-mail addresses by clicking here.
GM Redevelopment Plan? Taxpayers Beware.
June 21, 2010When a county commissioner talks about spreading “risk” and “cost,” taxpayers should run in the other direction.
Those words were quoted from a recent edition of the DeKalb Neighbor (click for link) in which Commissioner Jeff Rader talked about the potential redevelopment of the Doraville GM plant: “We … need to spread risk and cost of this to other stakeholders. [Otherwise] the county will have to service the debt and use taxpayer funds to pay back that money.”
The GM redevelopment is a project that taxpayers need to be watching closely. Very closely.
New Broad Street, the developer of Florida’s Celebration community (click for link), is proposing a partnership with DeKalb County where the developer and the county will acquire the GM site and build a supersized mixed-use center with condos, apartments, retail stores, office space, and hotels. The county is proposing to use a special allocation of federal stimulus bonds known as recovery zone bonds to help finance the redevelopment of the GM site. The “benefit” of using these bonds is that the federal government subsidizes 45 percent of the interest.
However, the remaining principal and interest on the bonds would have to be paid out of the county treasury. That’s our tax dollars the county is gambling with. Whenever you read news stories that the county is thinking about shutting down recreation facilities and judges are reading the Riot Act to the CEO and county commissioners about the judicial budget (click for links), you have to wonder what the county is thinking when they consider using the very same tax dollars for risky development projects.
Some officials in the county government are going so far as to talk about increasing our property taxes to help pay for the bonds to redevelop the GM site. That should be a complete non-starter.
When Commissioner Rader was talking about spreading “risk” and “cost,” he was talking about the county’s efforts to shake down the Doraville City Council to use the city’s funds to help pay for the project, because the GM plant is located inside the City of Doraville. That’s still using tax dollars. It’s robbing from Peter to pay Paul. Doraville would be right to say no.
The DeKalb County Development Authority would be responsible for issuing the bonds to help pay for the New Broad Street project. Generally speaking, in DeKalb County, the use of our tax dollars to support the projects of a quasi-governmental authority requires a voter referendum. This referendum requirement is the result of a law I authored in 2007. As part of this year’s House Bill 203 (click for link), however, the General Assembly granted the county a one-time exemption for the stimulus bonds now being proposed for the GM site.
The reason for the exemption is that the stimulus bonds had a June 30th “use them or lose them” deadline. It would have been impossible to hold a referendum under this time constraint. The consequence of not meeting the deadline would be that DeKalb’s allocation of stimulus bonds would be reallocated to other local governments in Georgia. Those local governments would then be able to use the bonds for infrastructure projects like improvements to roads and sewers. Infrastructure is the real purpose of these particular stimulus bonds, not risky development projects. DeKalb either has obtained or is attempting to obtain an extension of the June 30th deadline.
Furthermore, I considered it an important safeguard that the county commission would have to conduct an open public vote on an intergovernmental agreement to spend our tax dollars to repay the stimulus bonds. This safeguard exists whether or not the referendum requirement applies to these bonds. The county commission has not yet voted on an intergovernmental agreement to use our tax dollars to repay stimulus bonds for the New Broad Street project at the GM site. In addition, the commission would have to vote to approve any property tax hike that is proposed for this purpose.
The commissioners absolutely should oppose such an agreement or tax increase. The county is in no position to bear the “risk” and “cost” of a supersized development project using our tax dollars. In a recent article in the Dunwoody Crier (click for link), Commissioner Elaine Boyer appeared to suggest that a majority of the county commission is prepared to reject a tax increase for the GM redevelopment plan.
To make sure this happens, your county commissioners need to hear directly from you. You can find their contact information at web.co.dekalb.ga.us/boc/contact.html if you would like to voice your opposition.
Appeal Deadline Extended to June 10th
June 7, 2010I have just received word from a constituent and have confirmed with the DeKalb County Tax Assessors’ office that the deadline to postmark or hand deliver your property assessment appeal letter has been extended through Thursday, June 10. Apparently this is due to some reassessment notices that were mailed out late. Scroll down for more information on how to appeal your reassessment notice.
Update on Assessment Appeals
June 4, 2010As an addendum to my posts over the past couple of weeks about filing an appeal to your reassessment notice, in addition to appealing to the board of equalization or binding arbitration, you also have the right to choose non-binding arbitration.
There are significant differences between non-binding and binding arbitration. In binding arbitration, if you lose, you can’t appeal to the superior court and you must pay for the arbitrator. If you win, the county pays for the arbitrator. In binding arbitration, you’ll also need to get a formal property appraisal from a certified property appraiser.
Non-binding arbitration works differently. You can appeal the arbitrator’s decision to the superior court and you and the county will share in the costs of the arbitrator, regardless of who prevails.
The board of equalization process is at no cost to the taxpayer.
Remember, your appeal letter must be postmarked or hand delivered no later than June 7. You should only file an appeal if you received a reassessment notice in May.
June 7th Assessment Appeal Deadline
June 3, 2010
I have recorded this YouTube public service announcement (PSA) about appealing your property assessment. The DeKalb County Tax Assessors mailed out reassessment notices toward the beginning of May. If you received a reassessment notice and wish to appeal it, your appeal letter must be postmarked or hand delivered no later than Monday, June 7.
Please click here to read an article that I posted last week about the appeal process.
If you find this PSA helpful, please consider forwarding it along to your neighbors. They might find it useful as well.
How to Appeal Your Reassessment Notice
May 27, 2010They’re at it again.
The DeKalb County Tax Assessors have sent out reassessment notices. Having received one this year, and having heard from many of my constituents who have received one, it appears that there is a common thread in this year’s crop of reassessments.
The common thread is that, if you filed a Form PT-50R Georgia Real Property Tax Return (click for an article that I previously wrote on how to file this form), the tax assessors included the amount that you provided on your Property Tax Return as the “previous year’s value” for the bygone 2009 tax year. Then, the assessors increased that amount to what had been your 2009 assessment amount, telling you that the old 2009 amount would be the “current year’s value” for the 2010 tax year.
Through a clever sleight of hand, the tax assessors are telling you that, even if you filed a Form PT-50R, your property assessment hasn’t been changed for the current tax year. This is absurd. It shows that the tax assessors never bothered to look into your assessment after you sent in your Property Tax Return.
There are two things you should know:
First, you are not alone. I have received scores of calls and e-mails from constituents who have been treated the same way by the tax assessors.
Second, you can fight back. You can appeal your reassessment notice, if you received one. To do so, you should write a letter that includes the parcel identification number for your home (which is found on the front of your notice of assessment change) and your name, property address, and daytime telephone number. You should enclose documents that show the sales prices or fair market value of comparable homes in and around your neighborhood.
You also will need to state in your letter whether you want your appeal to be heard by the Board of Equalization or by an arbitrator. Under Senate Bill 240 (click for information), which was bipartisan legislation sponsored in the State Senate by Senator Chip Rogers and in the House of Representatives by Representative Kevin Levitas, you have the right to choose binding arbitration.
The way this arbitration works is that you and the tax assessors will each have a chance to present evidence to support the value that each has assigned to your property. Based upon the evidence, the arbitrator will then choose which value is correct. In other words, the arbitrator will not “split the baby” between the values. He or she will choose your value or the tax assessors’ value on an either-or basis.
You should only choose arbitration if you have a high level of confidence in the value you have assigned to your property and sufficient evidence to prove that your value is closer to the actual value of your home than the value that the tax assessors have assigned to it. This is because the losing party will have to pay the arbitrator’s fees. If the tax assessors lose, the county pays for the arbitrator, but if you lose, the costs of arbitration become your responsibility.
Therefore, if you are less confident in the value that you believe is correct, you should choose to have your appeal heard by the Board of Equalization. The Board of Equalization process comes at no cost to the taxpayer, regardless of whether you prevail.
In addition, you should consider including language in your letter that says something like this:
“O.C.G.A. § 48-5B-1 provides that my property assessment may not be increased between the 2009 and 2010 tax years. I am filing this appeal because I received a notice of assessment change reflecting an assessment increase between the 2009 and 2010 tax years.”
As part of House Bill 233 (click for information), which was legislation that I helped to pass, your property assessment cannot be increased between the 2009 and 2010 tax years. Raising your assessment between 2009 and 2010 is exactly what the recent notices sent out by the tax assessors appear to do.
The assessors likely will argue that the language on the notice after the asterisk “based on taxpayer return” means that the tax assessors never really accepted the value that you wrote on your Form PT-50R as the actual value of your property for 2009. However, if you read your reassessment notice closely, the actual language printed on the notice appears to have a different meaning than this.
If you plan to appeal your reassessment notice, please make sure that your appeal letter is hand-delivered, or is mailed and postmarked, no later than June 7, 2010 to the following address:
DeKalb County Board of Tax Assessors
120 West Trinity Place, Room 208
Decatur, GA 30030
If you have further questions, you can call the DeKalb County Property Appraisal Department at (404) 371-2471 or (404) 371-0841 or visit their website at www.co.dekalb.ga.us/propappr.
Property Tax Limits Will Benefit Homeowners
May 13, 2010The 2010 session of the Georgia General Assembly — the longest in recent memory due to an unprecedented budget shortfall — has finally been gaveled to a close. Like every year, this year’s legislative session had its ups and downs. Unlike some years, however, this year there is a bumper crop of substantive accomplishments to show for the efforts of your state legislators.
Over the course of the next two or three months, I will be bringing you up to speed on what was accomplished during this year’s session. I’m going to start with one of my favorite topics: property tax reductions and reforms. Homeowners won some important new rights that will take effect next year and will receive a state property tax cut in future years. DeKalb County homeowners fared even better, getting an extension of the five-year homestead assessment freeze that was enacted four years ago.
First and foremost, recall that the assessed value of your home remains frozen throughout the 2010 tax year as a result of last year’s House Bill 233 (click for information). This two-year property assessment freeze was passed on a party-line vote. It applies to both the board of education (approximately three-quarters of your tax bill) and county government (approximately one-quarter of your tax bill) components of your property taxes. It will remain in effect until the end of 2010 and was intended to keep residential property assessments from increasing at a time that the real estate market has been declining.
The DeKalb County Government’s portion of your property tax bill also is frozen by the local assessment freeze that was enacted four years ago and expires at the end of the 2011 tax year. Senate Bill 544 (click for information), sponsored in the Senate by Senator Dan Weber and in the House by Representative Fran Millar, is legislation that I helped to pass this year. It will extend the county assessment freeze through the end of the 2016 tax year, provided that you vote in favor of it on the ballot this November. There will be a referendum that requires your support.
Whenever I mention an assessment “freeze,” I always receive questions as to whether the assessed value of your home is “frozen” if it declines. The answer is no. The “freezes” discussed above only serve as a ceiling on the assessed value of your home, not a floor.
The General Assembly also passed a taxpayer-friendly comprehensive revision of the laws governing property assessments and appeals, changing a host of absurd procedures that have been very frustrating for homeowners. Sponsored by Senator Chip Rogers, Senate Bill 346 (click for information) requires that every homeowner receive a notice of their property assessment every year and be given the right to appeal their assessment every year, as opposed to only having the right to appeal when your assessment is increased. The notice of your assessment must show an estimated amount of property taxes that you would owe based upon the assessed value of your property.
Under SB 346, the new annual appeal period will be expanded from 30 to 45 days. If the tax assessors don’t respond within 45 days of your filing an appeal, you automatically win.
In addition, distress sales and foreclosures will be taken into account when determining fair market value. The sale price of a recently sold home will be required to be the fair market value for the next tax year. Furthermore, the tax assessors will be required to give you all of the information that has been used in determining the fair market value of your home.
Last but not least, the one-quarter mill’s worth of property taxes that is charged by the state government is being phased out. It will be completely repealed as of the 2016 tax year.
Kudos to the Commissioners
February 28, 2010In case you missed it, the DeKalb County Commission axed the CEO’s proposal for a property tax hike in the county budget they passed on Tuesday, February 23. The budget was adopted by a unanimous 7-0 vote. Click here to read an AJC story about it.
The commissioners managed to fund most areas of public safety and the courts at 2009 levels. In this economy, that isn’t too shabby.
In order to ensure that a millage rate increase is avoided (the county millage rate is set in June), approximately 550 county employees will have to take early retirement. Early retirement is less expensive for the county than paying out unemployment claims, which is why they aren’t doing layoffs, at least not at this point.
If I may editorialize for a moment: It is troubling that CEO Ellis is willing to propose a property tax hike without batting an eyelash. Fortunately, the county commission did the hard work of trimming the budget to the point that raising property taxes might not be necessary. If all goes as planned, good work!
March 1st Deadline to Challenge Your Assessment
February 23, 2010
With the help of the technical experts at the State Capitol, I have put together this YouTube public service announcement (PSA) about challenging your property assessment. In three minutes, it will walk you through the entire process of filing a Georgia property tax return.
The PT-50R form and most of the other information mentioned in the video can be found in this article about challenging your property assessment (click for link) that I published last week. Here is a link to zillow.com, which wasn’t mentioned in last week’s article.
If you find this PSA helpful, please forward it along to your neighbors.
Remember, the deadline to challenge your assessment is March 1.
Posted by Mike Jacobs 