ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: FRIDAY, March 22, 1991                   TAG: 9103220612
SECTION: VIRGINIA                    PAGE: B2   EDITION: METRO 
SOURCE: JOEL TURNER MUNICIPAL WRITER
DATELINE:                                 LENGTH: Medium


FULL VALUE PROMISED FOR HOUSE

Carl Battin, a Northwest Roanoke resident whose real estate assessment was reduced after the city offered to buy his property for industrial development, may get $43,100 for it after all.

Councilman James Harvey said Thursday 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 regulations won't allow the city Redevelopment and Housing Authority to use federal money to pay the higher price, Harvey said a majority of council is willing to use local tax money to make up the difference.

Battin said Thursday he has not talked with Harvey or any other council member, but he's happy council wants him to be paid the assessed value.

"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 the previous year.

Less than two months after receiving his new assessment, Battin was told his house and lots were worth $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 had been erroneously assessed for several years.

Moody said the error occurred partly because the house and lots were zoned for industrial development, although they were 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.

Because of the industrial zoning, the house has no value because it would have to be razed if the property became 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 bought with federal money.

Moody had denied there was any collusion between his office and the authority.

"An error was made. When he found the mistake, we corrected it [by lowering the appraisal]. I regret it, but that's all we can do," he said earlier. "There has been no intent to get anyone's property at less than fair market value."



 by CNB