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Friday, September 20, 2024 at 12:29 AM

Straight Talk from Steve

Destroyed property ruling

One of Rush Limbaugh’s undeniable truths of life was that “words mean things.” Such is the case with words such as “destroyed property’ and ‘calamity’. According to Nebraska State Statute 77-1307, “Calamity means a disastrous event, including, but not limited to a fire, an earthquake, a flood, a tornado or other natural event which significantly affects the assessed value of real property.” This definition should not require a disastrous event to have a natural cause, but not everyone sees it this way.

This definition is important because of how the word ‘calamity’ relates to a former piece of legislation of mine, which allows owners of damaged property to have their real property reassessed for property tax purposes. Property owners should not be taxed on property that has been damaged. In 2019 I introduced a bill to allow owners of destroyed property to have their real estate reassessed for property tax purposes provided that the disastrous event occurs before July 1. In order to qualify for the re-evaluation, damage to the property has to exceed 20 percent of the property’s previously assessed value and the cause of the damage cannot be attributed to the owner of the property.The bill was amended into the Revenue Committee’s bill, LB 512, and became law shortly before the floods of 2019. As a result, many with flooded properties had their valuations reduced for tax purposes in 2019.

Arson should count as a kind of calamity. In the Spring of 2020 protestors associated with the Black Lives Matter movement marched throughout the City of Lincoln. On May 30 or 31 of that year they set fire to a building owned by the Inland Insurance Company. Damage done to the building was significant and should have qualified the owner of the property to have the building reassessed for property tax purposes. Indeed, the Inland Insurance Company filed a report of destroyed real property with the county assessor and the county clerk of Lancaster County.

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