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8 <br /> 1 or a judgement from a court. Mr. Guibert has recorded a new survey, and the issue has <br /> 2 been settled for future tax years. <br /> 3 <br /> 4 Other landowners at Lake Orange in this same situation should use the same method to <br /> 5 solve their overlappage issue by obtaining a new survey. After a new survey has been <br /> 6 recorded for the properties, then adjustments to size and property lines will be made by <br /> 7 Orange County Tax staff in accordance with the updated survey, and any resulting reduction <br /> 8 in value will be effective for January 1 of the year following the recording of the survey. <br /> 9 <br /> 10 In order to be equitable, the County must require that all Lake Orange land owners are <br /> 11 treated the same, and follow the statutes regarding land ownership as all other Orange <br /> 12 County property owners. Standard procedure by Tax Office staff when contacted for <br /> 13 assistance is to advise the taxpayer to seek legal guidance and ultimately to record a new <br /> 14 survey. It is expressed that the County must tax property owners according to recorded <br /> 15 documents, and is not able to change what a property owner's tax is based on without a <br /> 16 new survey. <br /> 17 <br /> 18 It is important to recognize that approximately half of the current Lake Orange Land owners <br /> 19 have already taken the appropriate steps to establish the correct ownership of the Lake <br /> 20 Orange property. <br /> 21 <br /> 22 It is significant to realize that overlappage issues are not restricted to just the Lake Orange <br /> 23 area. Other landowners in the County have had situations that required a new deed or <br /> 24 survey to establish ownership and update tax records. During the June 4th Board meeting, <br /> 25 County Attorney John Roberts pointed out that if the issue with the Guibert property is one <br /> 26 of double taxation, then the Guiberts should be eligible for a refund. If the issue were not <br /> 27 determined as double taxation, the Board would be at risk of personal liability to anyone in <br /> 28 the County who challenged it. <br /> 29 <br /> Lake Orange Issues <br /> Both of the original deeds heating the area known m Lake exam made <br /> reference to the same sure ywhich wed'conmur line'w their property <br /> boundaries. <br /> From ti.+l.mifi..wl.e gat.,,d.rm F..lake O—W 1—1.01—,.C—y <br /> ee Me fl of deare.w lain Oraape 1— aim ve—&dee A.S.,5,.967 nrdr <br /> 30 <br /> 31 <br />