In the Matter of the Equalization Appeal of Target Corporation, for the Year 2015 in Sedgwick County, Kansas.
BY THE COURT
Kansas Judicial Review Act, K.S.A. 77-601 et seq., governs
appellate review of Kansas Board of Tax Appeals rulings.
2. As a
general rule in construing tax statutes, provisions which
impose a tax are to be construed strictly in favor of the
parcel of real property shall be appraised at its fair market
value in money, the value thereof to be determined by the
appraiser from actual view and inspection of the property.
"Fair market value" means the amount in terms of
money that a well informed buyer is justified in paying and a
well informed seller is justified in accepting for property
in an open and competitive market, assuming that the parties
are acting without undue compulsion.
Appraisals for ad valorem taxation purposes must be performed
in accordance with the Uniform Standards of Professional
appraisal purposes, counties can no longer use carryover
values to determine a current year's valuation.
valuing property, an appraiser may determine the difference
between the value of the property under a hypothetical vacant
condition and its value as occupied in order to isolate the
value of the taxable real estate separate and apart from the
business being conducted on it.
from the Board of Tax Appeals. Affirmed.
Patricia J. Parker, assistant county counselor, for appellant
Terrill, of Property Tax Law Group, LLC, of Overland Park,
for appellee Target Corporation.
M. Theis and Thomas R. Powell, of Unified School District No.
259, of Wichita, for amicus curiae U.S.D. No. 259.
Scott Beeler and Jennifer M. Hannah, of Lathrop Gage LLP, of
Overland Park, for amicus curiae The Kansas Chamber of
Commerce and Industry, Inc.
Bruns, P.J., Schroeder, J., and Hebert, S.J.
County (the County) appeals the Board of Tax Appeals'
(BOTA) valuation for ad valorem tax purposes of four Target
Corporation (Target) retail store locations. The County
argues BOTA erred in determining a proper value for the
property; this argument is unpersuasive. The record reflects
BOTA accepted and relied upon substantial competent evidence
to determine each property's value in compliance with
Uniform Standards of Professional Appraisal Practice (USPAP).
properties subject to this appeal consist of four retail
store locations owned and occupied by Target in Sedgwick
County. Target filed protest applications and sought
equalization appeals based on the County's real property
tax valuations for the 2015 tax year for all four ...