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Warrick County man’s land correctly classified as residential excess acreage

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A Warrick County man fighting the 2009 tax year assessment of his land received only a partial victory in the Indiana Tax Court Tuesday. The validity of his 2009 assessment will stand.

Douglas G. Kildsig owned 12.648 acres in the county, which included his residence, two pole barns, a lake and 11 acres of woods. The property was assessed at $192,000. Kildsig appealed, claiming because the 2009 assessment was 5 percent higher than his 2008 assessment, the assessor had to establish the validity of this 2009 assessment under I.C. 6-1.1-15-1(p). He also argued his assessment was incorrect because the 11 acres were improperly classified as residential excess acreage rather than agricultural land. He claimed he grew trees on the land to use as firewood to heat his residence, and his neighbor’s adjacent land was classified as agricultural.

The Indiana Board of Tax Review held that the burden-shifting rule at issue didn’t apply to its proceedings and that the land was properly classified. Tax Judge Martha Wentworth reversed with respect to the burden-shifting rule determination, noting a recent decision that the rule applies throughout the entire appeals process, not just the initial proceedings.

Wentworth also held in Douglas G. Kildsig v. Warrick County Assessor, 82T10-1101-TA-2, that substantial evidence presented by the assessor supports the classification of residential excess acreage for the 2009 tax year. She claimed because Kildsig hunted in the wooded area and used its timber to heat his home, he used the land for recreational and residential purposes. Also, the adjacent land was used by his neighbor as part of an income-producing farm. Finally, she pointed out that Kildsig’s land had been incorrectly classified as agricultural land for years and she informed him several years before the 2009 assessment that his land, and other area properties that were misclassified, would be switched to the correct classifications at the same time.   
 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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