Appraisal Services for Property Assessment Tax Appeal – 2025

Commercial Property Assessment Appeals

Introductory Comments

In addition to general real estate appraisal service, Kubert Appraisal Group provides specialized appraisal services such as appraisal reviews; property tax assessment issues; eminent domain valuations; conservation easements, insurance values; estate planning; appraisals for gifting properties and/or IRS reporting purposes; portfolio valuation; real estate market and feasibility analyses; as well as litigation support, including expert witness testimony.

  • This document is a summary of the appeal process and potential integration of appraisal services into the process. Nothing in this document should be considered legal advice and if legal advice is needed, please contact a licensed attorney.
  • This document is provided by Kubert Appraisal Group, P.C. and is intended for use by existing and potential clients of Kubert Appraisal Group, P.C. and generally represents our opinions. Any other users of this document should not rely on this information without seeking appropriate professional guidance.
  • As reminder: The filing of appeals is the responsibility of the owner and/or representatives, and not the responsibly of Kubert Appraisal Group.
    Our experience is that exceptions are not likely when a filing deadline is missed in the appeal process. This applies to both the local protest in June, as well as the appeal to the Tax Equalization and Review Commission.
  • In general, the local Board of Equalization assessment appeal process has experienced a reduced level of review and a less taxpayer friendly process in recent years. In fact, I consider appeals to be far less likely to be resolved at the Board of Equalization level than ever before.
  • As a general comment, there are plenty of real estate agents/brokers and private citizens who will offer to represent property owners in the appeal process. I view this as a waste of money for the property owner because these parties providing opinions of value for tax appeal are violating Nebraska Statues. Further, I have seen such people convicted of Class III misdemeanors associated with providing these valuation services.
  • It is also true that a market analysis or a brokers price opinion done for property tax appeal purposes also generally violates Nebraska Statues. As a result, these opinions of value carry very little weight when appealing property assessments.

Assessment Appeal Process

Here is a quick overview of the assessment appeal process, along with my comments in italics:

Local Preliminary Values posted on-line: About January 15

Informal Appeals to County: An informal process in late January into February for informal voluntary discussions with Assessor’s office. This step is often represented as a mandatory step in the appeal process but is actually an informal voluntary step in the appeal process.

This process has allowed some revisions of value prior to final values being submitted in late March to the State for review. Some success related to reductions by class seem to have been considered. However, we have seen limited success at this level for individual property values. This informal meeting seems to be more related to the education of taxpayers on the local assessment process and fact gathering by the County. The informal appeals are voluntary and not a part of the formal appeal process. Most of our clients do not participate at this level of the appeal process. There is no need for an expert appraisal opinion at this point in the appeal process.

Local Final Values Issued- June 1 (Protest Period ending June 30) – The filing of local protest is the first required step to the appeal process, so timely filing of the appeal is essential.

Formal Appeal (Protest) – Local Board of Equalization – (Typically late June through late July.) This is a hearing with a Referee who is a contractor with the local Board of Equalization who then makes a recommendation to the Board of Equalization.

In the last few years, this process has seen a significant drop in the review process. Several changes have made it more difficult to have meaningful discussions based on the need to submit all information at the hearing, as well as a reduced level of independent value review by the Referees. These changes have further diminished the likelihood of resolution at this level of appeal. Most of our clients maintain an active protest, but do not participate at this level of the appeal process. There is no need for an expert appraisal opinion at this point in the appeal process. Note: All data submitted during this hearing is considered to be public information which may be available by request from the County Clerk’s Office.

Final Board of Equalization (BOE) Decision – Early August Appeal period for Tax Equalization and Review

Commission (TERC) – 30 days from final local BOE decision. The filing of the appeal to TERC is the second required step to the appeal process, so timely filing of the TERC appeal is essential.

TERC Case Progression- This where the appeal takes a more legally formal format, and the process slows down significantly. We are seeing cases take 6 to 36 months to progress from filing to actual hearing in front of TERC.

My experience is that appeals that progress to a formal TERC hearing are both expensive and unpredictable. With many of our clients, this is the point in the process where the case can best be resolved. In fact, most cases are resolved prior to the actual TERC Hearing.

This is the point in the appeal process that I think qualified appraisal services are best utilized. With other tax appeal clients, I have utilized a multi-step process for best utilizing our appraisal services at this point in the appeal process. Each client approaches thisstage of the appeal process slightly different, as some steps can be combined or omitted as needed. A summary of the potential steps is as follows:

  1. Oral Consultation (Desk Review) – At this level appraisal services, we gather all the public information, property rent roll, and income/expense data. We complete a desk review to assist the client in the decision process. This review can be completed at any point in the overall appeal process but is likely most relevant after a TERC appeal is filed. The oral consultation cost typically ranges from $900 to $3,000+ per property depending on the complexity of the property and analysis needed.
  2. Restricted Appraisal Reports- At this level of appraisal services, we progress to a written document as an initial step or based on the previous desk review. This level of appraisal services traditionally includes an on-site interior/exterior inspection. A Restricted Appraisal Report provides a summary of the appraisal analysis and data with a value conclusion but does not contain the detail of a traditional full appraisal report. The use of a Restricted Appraisal Report is limited to negotiations for settlement purposes with the County. At this point in the process, the negotiations have historically been with the County Attorney’s Office. The restricted appraisal reports are typically priced at 60-75% of a full appraisal report.
  3. Full Appraisal Report – At this level of appraisal services, we can start here, or we convert the oral consultation and/or restricted appraisal report to a full appraisal report. In all cases the full appraisal report is intended as the basis of testimony at TERC. This report is more self-contained and is more comparable to the full appraisal reports used in litigation and mortgage lending. The full appraisal reports costs range from $5,000 to $11,000+ depending on the complexity of the property and analysis needed.

Final Comments

  • We try to adapt the previous list of appraisal services to the needs of each client.
  • Appraisal services for each client are based on a written agreement.
  • Please let me know if you have questions or comments.

PAAB Ruling Sets New Standard for Ethanol Plant Assessments

The Iowa Property Assessment Appeal Board (PAAB) issues a decision in agreement with the analysis and conclusion testified to by Thomas W. Kubert of Kubert Appraisal Group. This case involved the property tax assessment of an ethanol plant in Jewell, Iowa owned by POET Biorefining-Jewell, LLC vs. the Hamilton County Board of Review.  

“This case sets an important precedent for the assessment of ethanol plants in the State of Iowa. We are pleased that the PAAB was receptive to our appraisal analysis as the basis of our testimony.”

– Tom Kubert

See Full Decision Here

Kubert Appraisal Group P.C. Celebrates Seven Years

Although our experience goes well beyond seven years, Kubert Appraisal Group P.C., as a firm, recently celebrated seven years of serving our clients’ appraisal needs. 

As an office, we are continually looking for ways to improve ourselves so that we can deliver the best product to our clients in a timely manner. 

Thomas W. Kubert Speaks to Loan Officers on USPAP, Fair Lending, and Appraisal Bias

Thomas W. Kubert, MAI, CCIM provided a presentaton of Understanding Fair Lending and Bias in Appraisals to a meeting of loan oficers and credit analysts at Cornhusker Bank in Lincoln, NE. According to Tom, “Understanding how the Uniform Standards of Professional Appraisal Practice (USPAP) required in appraisals relates to the loan underwriting process can assist the bank in maintaining the correct client expectations”.

Rhett Safranek Joins Kubert Appraisal Group, P.C.

Kubert Appraisal Group P.C.  is pleased to announce the addition of Rhett Safranek to the team as a Research Analyst.  Rhett recently graduated from the University of Nebraska-Lincoln, with a degree in Business Administration with distinction, and an emphasis in Business Management.  While working on his coursework to become a Certified General Appraiser, Rhett is hands on learning appraisal report writing, by assisting with research and analysis.

Mary Kate Dorn Joins Kubert Appraisal Group, P.C.

Kubert Appraisal Group P.C.  is pleased to announce the addition of Mary Kate Dorn to the team as a Research Analyst.  Mary Kate brings with her experiences from working for Farm Credit Services of America, Hudl, and an internship with Sandhills Publishing.  Mary Kate graduated from the University of Nebraska-Lincoln, with a degree in Agribusiness/Agricultural Business Operations.  While working on the coursework to become a Certified General Appraiser, Mary Kate is continuing to learn about appraisal report writing, by assisting with research and analysis.

Jake Palm Achieves Certified General Real Estate Property Appraiser

Kubert Appraisal Group P.C.  is pleased to announce that Jake Palm has earned his Certified General Real Estate Property Appraiser designation from the Nebraska Real Property Appraiser Board, and is continuing working towards his MAI, while working on appraisal reports primarily in agricultural, industrial, and special-purpose properties.

Wayne Kubert, MAI Transitions into Retirement

Wayne Kubert has transitioned to a consultant role for Kubert Appraisal Group, P.C. In his new role, Wayne has retired from his appraisal credentials with both the State of Nebraska and the Appraisal Institute. Wayne continues to contribute his knowledge and experience in a non-credentialed role, allowing Kubert Appraisal Group to continue the specialized appraisals for feed mills, grain storage facilities, ethanol production plants, and other highly specialized facilities.

Kubert Appraisal Group in Strictly Business (April 2020)

Kubert Appraisal Group, P.C. Secures Partnership with Valcre

Kubert Appraisal Group, P.C. (www.kubertappraisal.com) is pleased to announce they have entered a new partnership, combining the industry leading appraisal services of Kubert Appraisal Group, P.C. with Valcre’s world class commercial real estate appraisal technology platform.

With technology playing an increasingly critical role in every aspect of business, Kubert recognized the need to accelerate the utilization of technological solutions to ensure they remain on a competitive forefront and identified Valcre as the ideal partner to make this happen.

“We are excited to partner our company with the Valcre platform of services,” said Thomas Kubert, MAI, CCIM. “Our clients will benefit from the experience and professionalism of this partnership as we continue to provide a full suite of commercial appraisal services to the local market while leveraging the best in class appraisal technology provided by Valcre.” 

“Partnering with the Kubert Appraisal Group, P.C. will allow them to continue to provide the very best appraisal services to their clients by working as one team with Valcre and the most current commercial appraisal technology available,” said Cindy Knox, Valcre client success manager.

Valcre offers complete solutions for industry-leading commercial real estate appraisals. Valcre provides an online platform that gives users access to appraisal job assignments, client contacts, and comparables from anywhere through a secure cloud database. Valcre also offers custom templates and personalized reports to add an extra level of professionalism and wow-factor to any appraisal portfolio. To learn more, go online to www.valcre.com.

Kubert Appraisal Group, P.C. provides independent property valuation and consulting services, specializing in the appraisal of commercial real estate, property, and land. Kubert provides appraisal services related to office, industrial, retail, multi-family, urban development, lodging/hospitality, agricultural, and other special-purpose properties.

Source: Strictly Business