59-2-1004.6 - Tax relief for decrease in fair market value due to access interruption.
59-2-1004.6. Tax relief for decrease in fair market value due to access interruption.
(1) For purposes of this section "access interruption" means interruption of the normalaccess to or from property due to any circumstance beyond the control of the owner, including:
(a) road construction;
(b) traffic diversion;
(c) an accident;
(d) vandalism;
(e) an explosion;
(f) fire;
(g) a flood;
(h) a storm;
(i) a tornado;
(j) winds;
(k) an earthquake;
(l) lightning;
(m) any adverse weather event; or
(n) any event similar to the events described in this Subsection (1), as determined by thecommission by rule made in accordance with Title 63G, Chapter 3, Utah AdministrativeRulemaking Act.
(2) Except as provided in Subsection (3), if, during a calendar year, property sustains adecrease in fair market value that is caused by access interruption, the owner of the property mayapply to the county board of equalization for an adjustment in the fair market value of theowner's property as provided in Subsection (4).
(3) Notwithstanding Subsection (2), an owner may not receive the tax relief described inthis section if the decrease in fair market value described in Subsection (2) is due to theintentional action or inaction of the owner.
(4) (a) To receive the tax relief described in Subsection (2), the owner of the propertyshall file an application for tax relief with the county board of equalization on or beforeSeptember 30.
(b) The county board of equalization shall hold a hearing:
(i) within 30 days of the day on which the application described in Subsection (4)(a) isreceived by the board of equalization; and
(ii) in the manner described in Section 59-2-1001.
(c) At the hearing described in Subsection (4)(b), the applicant shall have the burden ofproving, by a preponderance of the evidence:
(i) that the property sustained a decrease in fair market value, during the applicablecalendar year, that was caused by access interruption;
(ii) the amount of the decrease in fair market value described in Subsection (4)(c)(i); and
(iii) that the decrease in fair market value described in Subsection (4)(c)(i) is not due tothe action or inaction of the applicant.
(d) If the county board of equalization determines that the applicant has met the burdenof proof described in Subsection (4)(c), the county board of equalization shall reduce thevaluation of the property described in Subsection (4)(c)(i) by an amount equal to the decrease infair market value of the property multiplied by the portion of the calendar year that the fairmarket value of the property was decreased.
(e) The decision of the board of equalization shall be provided to the applicant, inwriting, within 30 days of the day on which the hearing described in Subsection (4)(b) isconcluded.
(5) An applicant that is dissatisfied with a decision of the board of equalization underthis section may appeal that decision under Section 59-2-1006.
Amended by Chapter 382, 2008 General Session