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

Universal Citation: 350 NE Admin Rules and Regs ch 18 ยง 003

Current through September 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.

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