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Monday, 25 February 2008 |
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Should the Taxman Be Allowed to Trespass On Your Property
The Wisconsin State Assembly is currently considering legislation (Senate Bill 148) that would allow property tax assessors to enter onto your property without being subject to trespass violations. This legislation would give tax assessors more authority to enter onto your property than police officers, who generally must first obtain a search warrant before entering your property. This legislation has already passed the State Senate and is very close to becoming law. Please contact your representative in the State Assembly at 1-800-362-9472 or waml.legis.state.wi.us and tell him or her to oppose Senate Bill 148!
Talking Points:
- The current system provides the necessary checks and balances to ensure that property rights are respected and that property is assessed in a fair and equitable manner.
- Like everyone else, the tax assessor has been required to get permission from the property owner in order to enter onto someone's property.
- If a property owner denies a tax assessor's request, the assessor has the authority to estimate the value of the property along with any improvements. Because the assessor's estimate is presumed to be correct, the property owner has a natural incentive to allow a tax assessor onto the property to obtain an accurate assessment.
- There have been no reported cases finding a tax assessor liable for trespassing.
- SB 148 should be opposed because it:
- Infringes on fundamental rights property owners in Wisconsin have enjoyed for over 150 years.
- Raises privacy concerns upon which private property rights are founded.
- Imposed no limits on access so assessors can enter on to property any day of the week, stay as long as they want and make as many visits as they want.
- Under the bill, assessors have no duty to provide notice to the property owner prior to entry. Property owners receive notice only AFTER an assessor has entered onto their property.
- SB 148 would give assessors greater power than police officers, who generally cannot enter onto private property without a search warrant.
Thank you for your support.
The WTL agrees with the position of the Wisconsin Realors Association. Please take the time to contact your legislator to protect your individual rights of property ownership.
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