Nebraska Administrative Code › Topic - REVENUE, DEPARTMENT OF › Title 350 - Nebraska Department of Revenue, Property Assessment Division › Chapter 18 - Community Development Project Regulations › Section 350-18-003 - PROCEDURES

Current through June 17, 2024
003.01 The governing body shall not implement
				any plan until such time the real property in the redevelopment project is
				within the corporate boundaries of the city or the property is to be developed
				for an agricultural processing facility and is annexed pursuant to Neb. Rev.
				Stat. Section
				17-405.01(2).
003.02 For property qualified under Nebraska
				Redevelopment Act, the redevelopment project valuation shall include real and
				personal property, pursuant to Chapter 58, Article 5.
003.03 Beginning August 1, 2006 and on or
				before each August 1 thereafter, in the calendar year that the division of the
				real property tax is to become effective, the governing body shall give notice
				to the assessor, on forms prescribed by the Property Tax Administrator.
003.03A Failure on the part of the governing
				body to provide the notice for dividing the real property taxes to the assessor
				on or before August 1, shall result in the taxes becoming undivided and
				allocated to the political subdivisions levying the taxes. Such real property
				taxes shall remain undivided until such time as the governing body provides the
				notice for the division of the real property taxes to the assessor. Upon the
				providing of notice by the governing body to the assessor, on or before August
				1, shall result in the real property taxes being divided based upon the
				redevelopment project valuation as defined in REG-18-002.15, for the remainder
				of the financing term of the redevelopment project.
003.03B When there is no redevelopment
				project value on a parcel or parcels, the assessor shall determine the
				redevelopment project valuation based on the fair market value of the parcel or
				parcels as of January 1 of the year prior to the year that the real property
				taxes are to be divided. For example, if there is no assessed valuation on a
				parcel that may be used as the redevelopment project value because the parcel
				was previously exempt or centrally assessed, the assessor shall determine a
				fair market value for the year prior to the year the taxes are to be divided to
				be used as the redevelopment valuation.
003.03B(1) The assessor shall send notice of
				the redevelopment project valuation by first class mail to the authority and
				the owner. The valuation notice shall state that the authority or the owner has
				thirty (30) days after the date of the valuation notice to protest the
				valuations to the county board of equalization. If the final date for filing a
				protest falls upon a Saturday, Sunday, or legal holiday the protest will be
				considered timely filed if performed in person or postmarked on the next
				business day. When the protest is sent by ordinary mail the postmarked date
				shall be used to determine the date filed. When the protest is sent by either
				certified or registered mail, the certification or registration date shall be
				used as the postmarked date.
003.03B(1)(a) The
				valuation protest shall be written in triplicate, signed and filed with the
				county clerk of the county in which the property is located.
003.03B(1)(b) If the valuation protest is not
				timely filed, it shall automatically be dismissed.
003.03B(1)(c) Attached to each valuation
				protest, shall be a written statement of why the requested change in assessment
				should be made. If no statement is attached, the protest shall automatically be
				dismissed.
003.03B(1)(d) Each
				protest filed can only pertain to one parcel and not a combination of
				parcels.
003.03B(2) The
				county board of equalization shall decide the protest within thirty (30) days
				after the date the protest was filed with the county clerk.
003.03B(2)(a) Within seven (7) days after the
				county board of equalization's decision, the county clerk shall mail written
				notice of the board's decision to the authority or the owner.
003.03B(3) Within thirty (30) days
				after the date of the decision of the county board of equalization, the
				authority or owner may appeal the board's decision to the Tax Equalization and
				Review Commission pursuant to Neb. Rev. Stat. Section
				77-5013.
003.03B(4) If failure to give notice pursuant
				to REGS-
				18-003.03A(1) and
				18-003.03A(2)(a)
				prevented the timely filing of a protest or appeal, the authority or owner
				having a right to protest or appeal, may petition the Tax Equalization and
				Review Commission pursuant to Neb. Rev. Stat. Section
				77-5013
				on or before December 31 of the year the notice should have been sent, for a
				determination of the actual value.
003.03B(5) No appeal shall in any manner
				suspend the collection of any tax or the duties of officers relating thereto
				during the pendency of the appeal, and all taxes affected thereby, which may be
				collected, shall be distributed as though no appeal were pending.
003.03B(6) If by final order of the
				Commission, it is determined that such tax or a part thereof should be refunded
				or reallocated, the county treasurer is authorized to make the refund or
				reallocation upon receiving a certified copy of such final order.
003.03C The division of the real
				property tax is determined by subtracting the redevelopment project valuation
				from the current year assessed value to arrive at the redevelopment project's
				excess value. The consolidated tax rate for the tax district in which the
				redevelopment project is located is applied to both the redevelopment project
				valuation and to the redevelopment project excess valuation resulting in a tax
				on each of the valuations. If the real property in a redevelopment project is
				granted a homestead exemption, the homestead exempt value shall apply to the
				base value first and any remaining homestead exempt value shall apply to the
				excess value. The division of the homestead tax loss reimbursement shall be
				proportionate to the homestead exempt value determined for the base value and
				excess value.
003.03C(1) The resulting real
				property tax calculated for the redevelopment project valuation shall be
				distributed by the county treasurer to the political subdivisions that comprise
				the tax district in which the project is located. Any homestead tax loss
				reimbursement applicable to base value shall be distributed to the political
				subdivisions that comprise the tax district in which the project is
				located.
003.03C(2) The resulting
				real property tax calculated for the redevelopment project excess valuation
				shall be distributed by the county treasurer to the local governing body
				charged with the responsibility of paying the indebtedness of the project. The
				local governing body shall credit the tax to a special fund to be used for the
				sole purpose of paying the indebtedness incurred for the project for which the
				taxes were pledged. Any homestead tax loss reimbursement applicable to excess
				value shall be distributed to the special fund used for the sole purpose of
				paying the indebtedness incurred for the project for which the taxes were
				pledged.
003.03C(3) Any interest
				and penalties due for delinquent property taxes shall be distributed into the
				funds of each political subdivision in the same proportion as are all other
				property taxes collected by or for the political subdivision.
003.03D When the indebtedness
				incurred for the project has been paid, the local governing body charged with
				such indebtedness, shall immediately send written notification to the assessor
				and county treasurer that all further real property taxes shall be distributed
				to the respective political subdivisions allowed to levy a tax on the
				project.
003.03E The division of
				the real property tax on the redevelopment project shall not exceed fifteen
				years from the effective date of the notice provided to the assessor by the
				governing body.