November 13, 2009
If you are a homeowner in JOCO, your real estate tax statement is now available on-line at the county web site. Boy, are you going to be surprised like I was. I was hit with 3% increase in real estate property taxes. I have the data for the entire subdivision where I reside. For the 151 homes in my subdivision (Quaker Ridge), the tax increases were on all properties due to mill levy increases. Which is going to really make it difficult to win an appeal since the tax increase was not based on property valuation. It may be warranted for some attorney to file a class action.
The tax increases ranged from 1.6 to 6.2 percent. Yet, there was no decreases in property valuation. Which I still have to determine why. What you have to determine is whether you are going to appeal or merely join the case I have going to trial on April 30, 2009 against the county challenging the JOCO real estate tax appeal process. And remember, the county government is merely considered to be an instrument of the state.
The politicians in the Kansas legislature do not raise taxes (allegedly although almost consistently, tax receipts always go up in hidden taxes); so instead, they force the counties to raise your property taxes. . The Kansas Constitution clearly places the burden on the state legislature for funding state programs. So, be nice to the folks at JOCO KS government. It is not their fault. The fault lies with the politicians in the Kansas legislature whom consistently fail to follow the Kansas Constitution including their duties as elected officials.
Most of us know this is a sham process. What many may not know, is there was an amendment to House Bill 2018 taking away your right to appeal any sham process you have to endure by JOCO or the Court of Tax Appeals.
So, if you feel like you have been deprived your due process rights like I do, I suggest you might to join my case set for trial on April 30. As allowed by Kansas tax appeal regulations (KAR). What I hope you the voter and non-voter remember is that I am doing this on your behalf. It is my goal to restore your procedural rights to have your appeal heard in JOCO District Court, instead of all of us having to travel to Topeka to have the case heard by the Kansas Court of Appeals.
More than likely, since every hearing in this process is before an official of the state of Kansas, your chances of getting a fair hearing are about zero. The final stage of challenging your real estate tax assessment is either the Kansas Supreme Court or the United States Supreme Court.
In regard to me, I intend to take this sham process to the United States Supreme Court. Which happens to be the only place you can go on an appeal before someone not paid by the state of Kansas. Which will be my 10th case either docketed or attempted to docket at SCOTUS.
Why don't you join my case and stand up for your rights to argue unfavorable and rigged real estate tax cases back to our county state district court. We need to fight the amendment to HB 2018 (sponsored by former state rep, and now a Kansas Senator Tim Owens),
I called and faxed a letter to Senator Owens inquiring to what the heck was he thinking by taking away our constitutional right to due process in our county state district court. To date, Senator Owens has refused to communicate with me. Can't blame you Senator? If I took away a right to every homeowner in Kansas, I would not return phone calls either. But you might be able to explain your rationale on April 30th when I subpoena you to appear in court.
In closing, just be glad you do not have to endure the taxes of WYCO. Which are even worse. That is the No. 1 concern of their residents. And I intend to do whatever I can to help those people in WYCO, JOCO, and DG counties during this 2010 congressional campaign by doing stuff now earning your vote. So once again, it is Take Action Scherer fighting for your rights. I merely wonder what the incumbent and the 2010 congressional candidates are doing to deserve and earn your vote?
Signed Thomas E.Scherer,
The 3rd District Congressional candidate earning your vote before being elected.
Saturday, November 14, 2009
Wednesday, November 11, 2009
Challenging the KS real estate tax appraisal process
As promised on this blog, a scheduling conference was held today (Nov. 10th) and a court hearing date was set for April 30, 2010. While other candidates are asking for your money, I am trying to do my best to put money in your pocket (provided you are a homeowner in Kansas).
In 2008, the Kansas legislature took away your right during a real estate tax appeal one of the stages of the process-your right to have a hearing if you did not feel you had a fair hearing by the county or the BOTA (now called the Kansas Court of Tax Appeals).
In 2008, the Kansas legislature took away your right to have a hearing in your local state district court. Instead of appearing in your local county court, you now have to appeal to the Kansas Court of Appeals in Topeka. This was done intentionally and contrary to your best interests.
To me, it violates fundamental due process rights. And like I have done many times before, I am going to do something about this kind of nonsense. So, as we stated in prior campaigns, we believe in taking action before the election-not promising campaign rhetoric of what Scherer will do, if and when he is elected.
It is my position the amendments to the real estate tax appraisal process will not meet constitutional muster. Or at least that is one of the legal issues I am arguing before the Kansas Court of Tax Appeals. The second issue I will be arguing is related to how it is the responsibility of the Kansas legislature to ensure adequate revenue is taxed to pay for the operation of the state and the county governments.
What is happening in the Kansas legislature is there are too many politicans and not enough fiscally responsible statemen. Most of the politicians in the Kansas legislature are afraid to raise taxes directly. So instead, they let the counties do so via the the real estate comparables nonsense.
Some of the members of the Kansas legislature are cowards mainly focused on winning elections instead of taking care of their duties as required by the Kansas Constitution and the Kansas Bill of Rights. They are just like the incumbent congressman-do whatever it takes to stay in office.
My goal is to to ensure the counties are not the favored taxing mechanism in the state of Kansas. And to force the Kansas legislaturers to stop worrying about their re-election and stop relying on the counties as their taxing mechanism.
Now what the other congresssional candidates doing to earn your vote? Other than having meet and greets so they can ask you for your money via a contribution to their campaign. Merely another bunch of future politicans. But are any of these yahoos a stateman like the best congressional candidate, Mr. Scherer?
In 2008, the Kansas legislature took away your right during a real estate tax appeal one of the stages of the process-your right to have a hearing if you did not feel you had a fair hearing by the county or the BOTA (now called the Kansas Court of Tax Appeals).
In 2008, the Kansas legislature took away your right to have a hearing in your local state district court. Instead of appearing in your local county court, you now have to appeal to the Kansas Court of Appeals in Topeka. This was done intentionally and contrary to your best interests.
To me, it violates fundamental due process rights. And like I have done many times before, I am going to do something about this kind of nonsense. So, as we stated in prior campaigns, we believe in taking action before the election-not promising campaign rhetoric of what Scherer will do, if and when he is elected.
It is my position the amendments to the real estate tax appraisal process will not meet constitutional muster. Or at least that is one of the legal issues I am arguing before the Kansas Court of Tax Appeals. The second issue I will be arguing is related to how it is the responsibility of the Kansas legislature to ensure adequate revenue is taxed to pay for the operation of the state and the county governments.
What is happening in the Kansas legislature is there are too many politicans and not enough fiscally responsible statemen. Most of the politicians in the Kansas legislature are afraid to raise taxes directly. So instead, they let the counties do so via the the real estate comparables nonsense.
Some of the members of the Kansas legislature are cowards mainly focused on winning elections instead of taking care of their duties as required by the Kansas Constitution and the Kansas Bill of Rights. They are just like the incumbent congressman-do whatever it takes to stay in office.
My goal is to to ensure the counties are not the favored taxing mechanism in the state of Kansas. And to force the Kansas legislaturers to stop worrying about their re-election and stop relying on the counties as their taxing mechanism.
Now what the other congresssional candidates doing to earn your vote? Other than having meet and greets so they can ask you for your money via a contribution to their campaign. Merely another bunch of future politicans. But are any of these yahoos a stateman like the best congressional candidate, Mr. Scherer?
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