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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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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