Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, March 21, 1991 TAG: 9103210582
SECTION: VIRGINIA PAGE: B1 EDITION: EVENING
SOURCE: JOEL TURNER MUNICIPAL WRITER
DATELINE: LENGTH: Medium
Councilman James Harvey said today that a majority of council members believe Battin should be paid the assessed value for his house and two lots at 2720 Shenandoah Ave.
"He's going to be paid the price he has been paying taxes on," he said. "This is not right - to try to get the property for less than what he's been paying taxes on.
"I think the city assessor [Von Moody III] was trying to do the right thing, but this doesn't look right and it is poor judgment," Harvey said. "If mistakes are made, own up to them - but don't go and reassess the property."
Even if federal regulations won't allow the city's Redevelopment and Housing Authority to use federal money to pay the higher price for Battin's property, Harvey said a majority of council is willing to use local tax money to make up the difference.
Battin said today he has not talked with Harvey or any other council members, but he's happy that council wants him to be paid the assessed value for his property.
"If they will pay me that, I will sell. I won't stand in the way of progress," he said.
Battin's property was valued at $43,100 when the city's Real Estate Valuation Office sent out new assessment notices in January. It was assessed at $38,600 in the previous year.
Less than two months after receiving his new assessment, Battin was told his house and lots were worth only $23,500. That's the price offered by the authority, which wants the property to help develop the Shaffers Crossing Industrial Park.
The city reduced Battin's assessment to $26,100 shortly after the authority made its offer. Moody, director of real estate valuation, said the $43,100 figure was a mistake and the property has been erroneously assessed for several years.
Moody said the error occurred partly because the house and lots are zoned for industrial development, although they are being used for residential purposes. Battin has been allowed to keep using the property for a residence in what is classified as a non-conforming status in the zoning regulations.
The property is in a transitional area that is shifting from residential to industrial use, he said. Because of the industrial zoning, the house has no value because it would have to be razed if the property becomes part of the industrial park, he said.
A professional appraiser for the authority determined the fair market value to be $23,500. Federal regulations require the agency to obtain an independent appraisal for all property that is bought with federal money.
Appraisers determine the market value on the basis of what is considered to be the highest and best use of property. In Battin's case, this was determined to be industrial development because of the zoning and location of the property. The appraiser determined that the house had no value if the property is used for industrial development.
Moody denied there was any collusion between his office and the authority, a separate agency.
"An error was made. When he found the mistake, we corrected it. I regret it, but that's all we can do," he said. "There has been no intent to get anyone's property at less than fair market value."
by CNB