What say you on this matter?

[skyhightree1]

Here I ran into a guy the county pays to take pictures of your place each year to compare to see if you built or added something to your property without a permit. He has a ladder that he told me he uses to peer over privacy fences to see if you have added illegal pools or decks. I was shocked can the gov't hired folks legally do that? I mean thats getting ridiculousl Does anyone elses locality do that? I know about searches and seizures guidlines but what would that be considered ?

 

[Workinonit Farm]

As for using a ladder, I don't like that idea at all. Not sure if it is legal or not. Probably is becuase it isn't much different from satellite imagery that is able to see 'over the fence'.

As far as I know, our county uses Google Earth, or somesort of satellite pics. I could be wrong though.

But ....my opinion....I don't like anyone 'snooping' around the place without us knowing. We have nothing to hide, its just the principle of it, privacy. (which, sadly, there isn't much of any anymore).

Katherine

 

[Deepsouth]

Ours looks at satellite photos every year and if they see something new or different they come out and take a look. The guys that hunt with my daddy built a big dog yard on his land and they come out to see what it was. I was in the assessors office one day Soon after that and he told me about it. He goes to church with daddy so he told me to tell daddy that his taxes were going to go up because the pen added value to his property. He was just joking but when I told daddy he had a few choice words for him.

 

[highgrit]

We received a letter from the county saying they could come on our land and inspect it for up grades. My wife and I went to the courthouse and met with the tax collector. He informed us they had the right to come and inspect our property by this and that code. Well I told him to bring the sheriff because he will be arrested for trespassing. I have told him and a few others that think they have the authority to come on my land, to stay the heck off without a search warrant. This illegal search crap is going to get someone killed.

 

[Bigfoot]

I just take it like a blind hog, and try to smile.

 

[greybeard]

They use a helicopter here.

 

[kenny thomas]

I looked at some things on Google maps today and it showed it had been updated in 2014. Thats about as easy as you could get.
Or they may start using a drone. But here they pay some company an outragious fee to give them info that is almost never correct. We have to then go before a hearing board to get it corrected.

 

[skyhightree1]

I looked at some things on Google maps today and it showed it had been updated in 2014. Thats about as easy as you could get.
Or they may start using a drone. But here they pay some company an outragious fee to give them info that is almost never correct. We have to then go before a hearing board to get it corrected.

That's a pain.. The county before did not care about you building agricultural buildings now from my understanding you have to get permits for everything but putting up fencing

 

[Richardin52]

Fourth Amendment to the United States Constitution is the part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause.

In Katz v. United States (1967), the Supreme Court held that its protections, such as the warrant requirement, extend to the privacy of individuals as well as physical locations.

The Court has defined a series of exceptions for consent searches, motor vehicle searches, evidence in plain view, exigent circumstances, border searches, and other situations.

While most people think that the forth amendment only applies to searches inside buildings it actually applies to Curtilage areas also.

Curtilage is the area, usually enclosed, encompassing the grounds and buildings immediately surrounding a home that is used in the daily activities of domestic life. If however someone was to walk to your front door and knock and saw something on the way that would be admissible in court without a search warrant.

So unless someone is above the constitution they do not have the power to search in your home or curtilage area.

That said do you really want them to estimate what you have and tax you that way?

 

[Commercialfarmer]

Fourth Amendment to the United States Constitution is the part of the Bill of Rights that prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause.

In Katz v. United States (1967), the Supreme Court held that its protections, such as the warrant requirement, extend to the privacy of individuals as well as physical locations.

The Court has defined a series of exceptions for consent searches, motor vehicle searches, evidence in plain view, exigent circumstances, border searches, and other situations.

While most people think that the forth amendment only applies to searches inside buildings it actually applies to Curtilage areas also.

Curtilage is the area, usually enclosed, encompassing the grounds and buildings immediately surrounding a home that is used in the daily activities of domestic life. If however someone was to walk to your front door and knock and saw something on the way that would be admissible in court without a search warrant.

So unless someone is above the constitution they do not have the power to search in your home or curtilage area.

That said do you really want them to estimate what you have and tax you that way?

What would give the local or state agencies a right to estimate what you have? Not understanding your rational here.

 

[Kingfisher]

Here they use Sattelite ( google earth?) and then interpolate the data with a computer program to sort out changes. They inspect as needed from there.

 

[Richardin52]

You can be legally charged taxes for your property. If you are charged taxes for something you do not own you have the right to challenge the tax however in doing so you must prove that you do not have something or the value is not equal to it's accessed value.

Of course when you do this the real value must be proven so in the end you will get taxed for what you own. Because of this most times they will estimate high and not worry about not being able to go on the property.

It is all perfectly legal because you have the right to challenge any assessment and the assessor must asses value even when he is not allowed on a property.

 

[Jogeephus]

It never ceases to amaze me the extent the tax office will go to find something to tax. In my county we have just under six thousand homes. Of these, maybe 10% are mobile homes. Mobile homes are treated different than a conventional home and though they must be fixed in place and must have specific requirements regarding underpinnings and things before the power can be turned on they must also pay a location fee at the tag office even though they are not "mobile" and they are valued and taxed like a conventional home. I think this fee is no more than $50 per year and am told we have a 90% compliance so this fee brings in no more than $30,000/year to the county. However to insure 100% compliance from the 10% of the people who do not pay this fee the county employees a full time inspector to root out and identify these tax evaders. To sum it up the county is spending somewhere around $60,000 a year in salary, vehicle and benefits so this person can chase down the $3000 in lost revenue for the county. Why does this not make sense to me? Am I missing something here?

 

[Commercialfarmer]

You can be legally charged taxes for your property. If you are charged taxes for something you do not own you have the right to challenge the tax however in doing so you must prove that you do not have something or the value is not equal to it's accessed value.

Of course when you do this the real value must be proven so in the end you will get taxed for what you own. Because of this most times they will estimate high and not worry about not being able to go on the property.

It is all perfectly legal because you have the right to challenge any assessment and the assessor must asses value even when he is not allowed on a property.

I thought that is what you were trying to imply- that an assessor could levy an appraisal for property that doesn't exist.

I guess we hold our elected officials to a higher standard. It is an actionable offense to illegally create and assess value to a taxable structure, equipment, acreage, or improvement where one does not exist.

Oklahoma Constitution

"Section X-8: Valuation of property for taxation - Limit on percentage of fair cash value - Approval by voters.
C. Any officer or other person authorized to assess values or subjects for taxation, who shall commit any wilful error in the performance of the duties of the office, shall be deemed guilty of malfeasance, and upon conviction thereof shall forfeit the office and be otherwise punished as may be provided by law."

Section X-8 is noted in the Ad Valorem laws:

"68 O.S. 2001, § 2819. Determination of taxable value.
Taxable values of real and personal property shall be established in accordance with the requirements of Sections 8, 8B and 8C of
Article X of the Oklahoma Constitution. The county assessor shall determine the taxable value of all taxable property that the assessor is
required by law to assess and value and shall determine such taxable value in accordance with the requirements of Sections 8, 8B and 8C
of Article X of the Oklahoma Constitution."

We don't believe in Unconstitutional Searches.

Text of Section 30:
Unreasonable Searches or Seizures - Warrants, Issuance of
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches or seizures shall not be violated; and no warrant shall issue but upon probable cause supported by oath or affirmation, describing as particularly as may be the place to be searched and the person or thing to be seized.

But we do allow for search warrants

E. Prior to entering the business or commercial premises of any taxpayer for purposes of discovering personal property,
the county assessor or deputy shall request permission to enter the business or commercial premises and shall state the reason for the
inspection. If access to the business or commercial premises is denied, the county assessor or deputy shall be required to obtain a search
warrant in order to conduct an inspection of the interior of the business or commercial premises. A search warrant may be obtained
upon a showing of probable cause that personal property located within particularly described business or commercial premises is subject to ad valorem taxation, but not listed or assessed for ad valorem taxation as required by law.

But notice that there must be a probable cause.

There is also an Oklahoma law stating that the property value cannot be raised more than 5% in a given year without the sale of the property- which will use the value of the sale or without improvements. The improvements would again have to be noted.

When a property owner disagrees, they have the opportunity to appeal to the County Board of Equalization, and a District Court without having to grant the Assessor the ability to enter property without a search warrant. And again, remember that they can be charged with criminal malfeasance if appropriate. It changed one's mind a few years back when arguing residential property vs agricultural status.

 

[Richardin52]

Call an assessor, in another town if you like, and ask them how they do a valuation of a property if they are not allowed on the property by the land owner and see what they say. I would be interested in hearing what they give you for an answer.

My guess is they will say they will get as much information as they can and then place a value according to that information.

If they way over value something they have a very good argument that they did the best job they could with the information they had. That is no more criminal that way under valuing something for the same reason.

 

[highgrit]

Why do I have to pay taxes on something I own?? A if I am lucky enough to have more than the next guy why do I have to pay more?? Income tax, property tax, fuel tax, sales tax and all the other BS that they call permits and licenses. We are taxed almost to death, we have that tax to, Inheritance tax which is the most unfair and illegal I my eyes. I hate taxes.

 

[Bigfoot]

Why do I have to pay taxes on something I own?? A if I am lucky enough to have more than the next guy why do I have to pay more?? Income tax, property tax, fuel tax, sales tax and all the other BS that they call permits and licenses. We are taxed almost to death, we have that tax to, Inheritance tax which is the most unfair and illegal I my eyes. I hate taxes.

Property tax, and inheritance tax is definatly double dipping. They might as well tax any cash you have on hand as of December 31st if they are going to tax those two.