Bill Text: CT HB05288 | 2018 | General Assembly | Comm Sub

---

Bill Title: An Act Concerning Attorney's Fees In Wrongful Property Tax Assessment Actions.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-04-10 - File Number 358 [HB05288 Detail]

Download: Connecticut-2018-HB05288-Comm_Sub.html

---

General Assembly		Raised Bill No. 5288
February Session, 2018		LCO No. 1693
		*_____HB05288PD____032618____*
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)

AN ACT CONCERNING ATTORNEY'S FEES IN WRONGFUL PROPERTY TAX ASSESSMENT ACTIONS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 12-119 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2019):

When it is claimed that a tax has been laid on property not taxable in the town or city in whose tax list such property was set, or that a tax laid on property was computed on an assessment which, under all the circumstances, was manifestly excessive and could not have been arrived at except by disregarding the provisions of the statutes for determining the valuation of such property, the owner thereof or any lessee thereof whose lease has been recorded as provided in section 47-19 and who is bound under the terms of his lease to pay real property taxes, prior to the payment of such tax, may, in addition to the other remedies provided by law, make application for relief to the superior court for the judicial district in which such town or city is situated. Such application may be made within one year from the date as of which the property was last evaluated for purposes of taxation and shall be served and returned in the same manner as is required in the case of a summons in a civil action, and the pendency of such application shall not suspend action upon the tax against the applicant. In all such actions, the Superior Court shall have power to grant such relief upon such terms and in such manner and form as to justice and equity appertains, [and costs] including, but not limited to, the assessment of reasonable attorney's fees. Costs may be taxed at the discretion of the court. If such assessment is reduced by said court, the applicant shall be reimbursed by the town or city for any overpayment of taxes in accordance with the judgment of said court.

This act shall take effect as follows and shall amend the following sections:
Section 1	January 1, 2019	12-119

PD

Joint Favorable