Agenda 09-03-19 Item 8-a - Minutes

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10 1 John Guibert said he and his wife are here for a property tax refund. He said he 2 received a call from staff today that they would be recommending a denial of this request. 3 He said this was a surprise because they had thought it was going to be approved. He 4 asked if it fair or legal to tax people for property they do not own. He said the property they 5 do not own belongs to Lake Orange, Inc. He said Lake Orange, Inc. has been charged with 6 that tax since the 1976, and he and his wife have been charged since they moved there in 7 2002, which is double taxation. He said he and his wife discovered this issue last year, and 8 County staff has been aware of this situation for a long time. He said staff told him to 9 conduct and file a new survey, which he did. He said staff accepted the survey, and he is 10 requesting a refund of taxes for the past 5 years, which is the longest amount possible, per 11 the statute of limitations. 12 Dwane Brinson, Tax Administrator, said the deed on this property conveys the area 13 between 615 and 620, and the issue all along has been that staff cannot determine where 14 the 615 and 620 line is. He said Lake Orange is taxed on 43-50 acres between the 615 15 and 620 lines, but staff has never known where these lines are. He said to correct the 16 issue, property owners are being asked to get a new survey to prove the boundaries of the 17 land. He said the Guiberts have had a survey completed, and once the public record is 18 corrected, the files can be updated. He said the Guibert's property was updated in 19 February 2019, and property tax is as of January 1, 2019. He said the issue is corrected, 20 but staff cannot support going back 5 years retroactively to pay these refunds. 21 John Roberts said the land records do not demonstrate clear ownership, and create 22 a lapage issue (overlapping and conflicting ownership claims). He said this could be 23 clarified through a quiet title action, possibly through some extensive title work between the 24 landowners around Lake Orange and Lake Orange, Inc. He said he has been unable to 25 justify retroactive repayment of taxes pursuant to statute. 26 Judith Guibert said it is important to remember that Lake Orange has been paying 27 taxes on this property also, which is double taxation. 28 Commissioner Marcoplos asked if there have been similar issues with other 29 property owners in the same area. 30 Dwane Brinson said yes, several families have provided updated surveys, and staff 31 has updated the records moving forward; but none going back retroactively. 32 John Roberts said the Guiberts did provide a survey, and it showed a new property 33 line for them, but only shows an access easement on the other side, as opposed to a 34 different landowner. 35 John Guibert said a detailed survey was filed in February 2019, which was accepted 36 by County staff. He said staff had an opportunity to resolve this back in the 1980s, but did 37 not. He said what he has submitted is accurate and he is seeking a refund from 2014. 38 John Roberts said it does show a new line, but it shows an easement instead of 39 ownership. 40 Commissioner Dorosin asked if, going forward, these folks will not get taxed on this 41 property. 42 Dwane Brinson said that is correct. 43 Commissioner Dorosin asked if the Guiberts use the land, maintain it, etc. 44 John Guibert said egress and ingress, and pays a recreational fee to Lake Orange, 45 Inc. to get to the lake, and Lake Orange, Inc. retained ownership of the strip of land 46 between his property and the lake. He said he knew he did not own the land, but he did not 47 know he was being taxed on it. 48 Commissioner Dorosin asked Dwane Brinson if both parties have paid taxes on this 49 land. 50 Dwane Brinson said staff has been unable to determine this, and has never known 51 the location of the 615/620 line around the Lake. He said Lake Orange, Inc. has been taxed