When a timelier private dispute resolution process is required, rather than a trial litigation process, we can offer a binding arbitration process that is confidential, efficient and binding on the parties.
The Texas comptroller’s office has a process whereby a landowner may request arbitration after a CAD Hearing rather than go into the district court litigation route. This information should be provided by the central appraisal district office at the conclusion of the CAD hearing.
The process is controlled by the Texas Comptroller’s arbitration rules. A one time fee of $500.00 is paid by the landowner. The landowner and the local county cad office can agree on an arbitrator or the comptroller’s office will appoint one. I serve as an arbitrator under this program for the Gulf Coast Counties, Galveston County, and Harris county and in the Dallas Ft Worth Metroplex area.
The duty of the arbitrator to disclose conflicts of interest is required in order that the parties understand there are no conflicts before an arbitrator is chosen to hear a case.
The process is binding on the cad and the landowner. Once the arbitrator is chosen, it is the Arbitrator’s responsibility to contact the disputants and set the arbitration at an agreeable time and Location . A binding arbitration award decision on all areas of the appraisal dispute is rendered by the Arbitrator within 20 business days of the hearing. There is no appeal.
I can set arbitration, depending upon the discovery needs of the parties and their attorneys usually quicker and at the schedule of the attorneys, the parties and the arbitrator without being involved in a multi case civil trial docket time frame.
Once the award is submitted to the Texas comptroller’s office and the parties or their representatives .The new value of the property is set and taxes for the year in question paid based upon the arbitrator’s awarded amount. If the value decided by the arbitrator is closer to the landowner than the CAD value the fee is returned and the cad pays the arbitrator. If the value is closer to the cad value the Landowner’s initial payment is used to pay the arbitrator.
Remote mediations via zoom have become part of my practice.
This process can be successful and an efficient method to resolve issues.
Please call or contact:
Jeff Kilgore at 409-939-6924