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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. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

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  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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