By Jason Penighetti, Esq., of Forchelli Deegan Terrana Valuing contaminated properties presents numerous challenges due to the complexity and uncertainty that contamination entails. The presence of hazardous substances or pollutants can affect both a property’s value and potential uses. As an assessment must reflect market value, contamination can significantly impact taxable valuation. Determining the extent of that impact requires careful consideration of legal, technical and economic factors as the valuation of contaminated properties is governed by a combination of statutory law, regulatory guidance and case precedents. Yet these are the fields that taxpayers with contaminated real estate must tread to evaluate assessments for fairness and, if necessary, to appeal an unfair assessment. Tax assessment review proceedings are crucial mechanisms for all property owners to ensure fair and accurate assessments. These proceedings provide avenues to challenge property assessments that owners believe are incorrect or unfair. Understanding the process, timelines and legal considerations involved is essential for property owners, assessors and legal professionals alike. Most real estate taxes in the United States are ad valorem or “according to value.” Thus, the owner of a high-value property would expect to pay more real estate taxes than the owner of a lower-value asset. While …
