BLAIR, Neb. (WOWT) – County Assessors across Nebraska are being warned to make sure they have permission before going onto someone’s property to determine value.
A recent Nebraska Attorney General’s opinion could have a chilling effect on the process of valuing property.
It says tax assessors can be held liable for trespassing on private property without consent.
The opinion was requested by Washington County Attorney Scott Vander Schaaf who received a taxpayer complaint.
First Alert 6 confirmed the County Attorney gave the Washington County assessor a cease-and-desist order telling staff not to go onto private property without consent or possibly face a criminal trespassing charge.
Vander Schaaf says the opinion not only helps property owners in Washington County, but statewide.
This all started when two Washington County assessor employees making a valuation inspection didn’t see a ‘no trespassing’ sign and apologized.
However, the property owner wanted a citation issued.
That didn’t happen, but the Attorney General’s opinion means it could in the future, so the Nebraska Association of County Officials sent emails to all 93 county assessors stressing that the opinion is not law, but it could lead to valuation challenges.
That’s why assessors are urged to stop on site property inspections until they consult with their county attorney.
The assessors in Sarpy and Douglas county tell First Alert 6 that their staffs shouldn’t be affected, because their policies are to not go onto land without the owner’s consent. Though that isn’t always possible with new construction.
The Sarpy County Assessor is seeking advice from the County Attorney on how to proceed with valuation inspections in light of the Attorney General’s opinion.
READ THE COUNTY ATTORNEY’S STATEMENT
READ THE ATTORNEY GENERAL’S OPINION
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