004.01 All sales are considered qualified
sales unless sufficient information is available to prove otherwise.
Non-qualified sales and adjustments to sales may not be recorded unless the
sale has been verified pursuant to professionally-accepted mass appraisal
techniques and determined to be non-qualified or necessary to adjust.
Sufficient and compelling information must accompany the qualification code in
the state sales file.
004.02 Burden
of Proof
Sale prices may be adjusted to reflect the full actual
consideration paid for real property only after the sale has been verified
pursuant to professionally accepted mass appraisal techniques and information
suggests an adjustment is necessary;
004.03 Review of Protests
The following usability codes must be used by the county to
classify sales as qualified or nonqualified in the state sales file.
004.03A Usability code (1) means the sale is
considered an arm's-length transaction between two or more parties, both of
whom sought to maximize their position from the sale. These sales are qualified
for use in the assessment/sales ratio study.
004.03B Usability code (2) means the sale is
an arm's-length transaction in which sale price adjustments are necessary to
reflect the actual value paid for the real property. The reason for the
adjustment must be noted in the county assessor comments section of the sales
file. These sales, as adjusted, are qualified for use in the assessment/sales
ratio study. Caution should be exercised to ensure the amount adjusted for
personal property reflects its value contribution to the sale.
004.03C Usability code (3) means an
arm's-length transaction of property that has substantially changed physically,
legally, or economically after the sale. This change substantially affects the
market value of the parcel, so the parcel as assessed no longer represents the
characteristics of the parcel when sold. A description of the change to the
parcel must be noted in the county assessor comment section of the state sales
file. Sales of substantially changed property will not be used in the
assessment/sales ratio study unless an insufficient sample exists and a value
can be developed to represent the parcel as it existed when sold.
004.03D Usability code (4) means the sale is
not considered an arm's-length transaction. The reason for the sale being
considered a non-arm's length transaction and excluded from the
assessment/sales ratio study must be noted in the county assessor comment
section of the state sales file. These sales are not qualified for use in the
assessment/sales ratio study.
004.03E Usability code (5) means the sale is
considered an arm's-length transaction but will not be used in the
assessment/sales ratio study because the parcel has unique characteristics that
make the parcel invalid for comparison to similarly classified
parcels.
004.03F Usability codes of
blank or zero means the sale will be considered a qualified sale.
004.04 Ruling on Protest
The Division may make a different determination from that of
the county assessor regarding the qualification of a sale or an adjustment to
the selling price for use in the sales ratio study. If a different
determination is made the county assessor will be contacted to discuss the
determination prior to issuance of the Report and Opinion.
004.05 Appeal
The county assessor must provide accurate and up-to-date
information in the state sales file on or before December 1.
Neb. Rev. Stat. §§
77-702,
77-1327,
77-1371
and
77-5023.
