For Real Estate Tax Assessment Lawyers, Call FREE 570-287-3000. The right to appeal property tax assessments is not limited to taxing authorities. Property owners have the right to appeal on all types of property classifications. Hourigan, Kluger & Quinn assists with commercial, residential and industrial property assessment appeals.
A Pennsylvania real estate tax assessment appeal can be a complicated process, best handled with the assistance of an experienced attorney. Hourigan, Kluger & Quinn’s real estate tax assessment attorneys are very familiar with the nuances of property tax rules. Hourigan, Kluger & Quinn represents landowners, Fortune 500 companies, commercial, industrial, and residential property owners and developers throughout the entire tax assessment process – from the initial challenge, to any necessary trial and appellate court proceeding.
Typically, commercial or industrial property values are substantially higher than their residential counterparts. When a Pennsylvania taxing district decides to appeal the assessments of some properties within its boundaries, concentrating solely on commercial or industrial properties may seem like a sound strategy. After all, raising the assessments on non-residential properties would usually result in a greater tax-revenue increase. When properties are not assessed separately, it can cost a commercial or residential property owner hundreds or thousands of dollars in unnecessary tax.
The Pennsylvania Supreme Court unanimously ruled that it violates the Uniformity Clause of the Pennsylvania Constitution. The Uniformity Clause requires that “All taxes shall be uniform, upon the same class of subjects, within the territorial limits of the authority levying the tax.” (Article VIII, Taxation and Finance, § 1.) This means that a taxing authority is not permitted to implement a program targeting only the assessments of one sub-classification of properties, where that sub-classification is drawn according to property type (e.g., commercial, apartment complex, single family residential, or industrial.) The person (or entity) appealing the assessment bears the burden of proof.