§ 8842. Valuation of property.
(a) Predetermined ratio.--The county assessment office shall assess real property at a value based upon an established
predetermined ratio which may not exceed 100% of actual value. The ratio shall be
established and determined by the board of county commissioners by ordinance. In arriving
at actual value, the county may utilize the current market value or it may adopt a
base-year market value.
(b) Valuation.--
(1) Except as set forth in paragraph (2), the following apply:
(i) In arriving at actual value, the price at which any property may actually have been
sold, either in the base year or in the current taxable year, shall be considered
but shall not be controlling.
(ii) The selling price shall be subject to revision by increase or decrease to accomplish
equalization with other similar property within the county.
(iii) In arriving at the actual value, the following methods must be considered in conjunction
with one another:
(A) Cost approach, that is, reproduction or replacement, as applicable, less depreciation
and all forms of obsolescence.
(B) Comparable sales approach.
(C) Income approach.
(2) The valuation of real property used for the purpose of wind energy generation for
assessment purposes shall be developed by the county assessor utilizing the income
capitalization approach to value. The valuation shall be determined by the capitalized
value of the land lease agreements, supplemented by the sales comparison data approach
as deemed necessary by the county assessor. The lessee, or lessor on behalf of the
lessee, shall provide the nonproprietary lease and lease income information reasonably
needed by the county assessor to determine value by September 1.
(c) Impact of restrictions and tax credits on valuation.--
(1) In arriving at the actual value of real property, the impact of applicable rent restrictions,
affordability requirements or any other related restrictions prescribed by any Federal
or State programs shall be considered.
(2) Federal or State income tax credits with respect to property shall not be considered
real property or income attributable to real property.
Agreements or Assessment Practices. Section 5(3) of Act 93 of 2010 provided that subsec. (b)(2) shall not affect an agreement
or agreed to assessment practice actively in place in a county on January 28, 2007.
Cross References. Section 8842 is referred to in sections 8801, 8811, 8821 of this title.
Notes of Decisions
Harley-Davidson Motor Co. v. Springettsbury Twp., 124 A.3d 270 (Pa. 2015).
· cites it 3× “The General Assembly and this Court have set forth the foundational principles for the determination of the fair market value of property for tax assessment purposes.”
In re Consol. Appeals of Chester-Upland Sch. Dist., 200 A.3d 1052 (Pa. Commw. Ct. 2018).
· cites it 2× “3d 270 , 279 (2015) ; see also 53 Pa. C.S. § 8842. The actual value is a parcel's fair market value, which has been defined as "the price which a purchaser, willing but not obliged to buy, would pay an owner, willing but not obliged to sell, taking into consideration all uses to…”
Salieri Grp., Inc. v. Beaver Cnty. Auxiliary Appeal Bd., 131 A.3d 618 (Pa. Commw. Ct. 2016).
· cites it 3× “*623 ■ Section 8842(a) of the Consolidated County Assessment Law, 53 Pa.C.S. § 8842(a), provides: ■ The county assessment office Shall assess real property at a value based upon an [EPR] which may not exceed 100% of actual value.”
Missouri River Corp. v. Erie Cnty. Bd. of Assess. Appeals, Erie Cnty., PA (Pa. Commw. Ct. 2020).
· cites it 2× “’ 53 Pa.C.S. § 8842. The actual value is a parcel’s fair market value, which has been defined as ‘the price which a purchaser, willing but not obliged to buy, would pay an owner, willing but not obliged to sell, taking into consideration all uses to which the property is adapted…”
Westfall Hosp. Holding, LLC v. Pike Cnty. Bd. of Assessment Appeals (Pa. Commw. Ct. 2016).
“53 Pa. C.S. §8842…. Actual value means a parcel’s fair market value, which is “the price which a purchaser, willing but not obliged to buy, would pay an owner, willing but not obliged to sell, taking into consideration all uses to which the property is adapted and might in…”
— 53 Pa. Cons. Stat. § 8842(a) — 3 cases
Salieri Grp., Inc. v. Beaver Cnty. Auxiliary Appeal Bd., 131 A.3d 618 (Pa. Commw. Ct. 2016).
“*623 ■ Section 8842(a) of the Consolidated County Assessment Law, 53 Pa.C.S. § 8842(a), provides: ■ The county assessment office Shall assess real property at a value based upon an [EPR] which may not exceed 100% of actual value.”
— 53 Pa. Cons. Stat. § 8842(b) — 4 cases
Harley-Davidson Motor Co. v. Springettsbury Twp., 124 A.3d 270 (Pa. 2015).
“The General Assembly and this Court have set forth the foundational principles for the determination of the fair market value of property for tax assessment purposes.”
In re Consol. Appeals of Chester-Upland Sch. Dist., 200 A.3d 1052 (Pa. Commw. Ct. 2018).
“3d 270 , 279 (2015) ; see also 53 Pa. C.S. § 8842. The actual value is a parcel's fair market value, which has been defined as "the price which a purchaser, willing but not obliged to buy, would pay an owner, willing but not obliged to sell, taking into consideration all uses to…”
— 53 Pa. Cons. Stat. § 8842(b)(1) — 1 case
Salieri Grp., Inc. v. Beaver Cnty. Auxiliary Appeal Bd., 131 A.3d 618 (Pa. Commw. Ct. 2016).
“*623 ■ Section 8842(a) of the Consolidated County Assessment Law, 53 Pa.C.S. § 8842(a), provides: ■ The county assessment office Shall assess real property at a value based upon an [EPR] which may not exceed 100% of actual value.”
— 53 Pa. Cons. Stat. § 8842(b)(1)(iii)(A) — 1 case
Missouri River Corp. v. Erie Cnty. Bd. of Assess. Appeals, Erie Cnty., PA (Pa. Commw. Ct. 2020).
“’ 53 Pa.C.S. § 8842. The actual value is a parcel’s fair market value, which has been defined as ‘the price which a purchaser, willing but not obliged to buy, would pay an owner, willing but not obliged to sell, taking into consideration all uses to which the property is adapted…”
— 53 Pa. Cons. Stat. § 8842(b)(l)(iii) — 1 case
Salieri Grp., Inc. v. Beaver Cnty. Auxiliary Appeal Bd., 131 A.3d 618 (Pa. Commw. Ct. 2016).
“*623 ■ Section 8842(a) of the Consolidated County Assessment Law, 53 Pa.C.S. § 8842(a), provides: ■ The county assessment office Shall assess real property at a value based upon an [EPR] which may not exceed 100% of actual value.”
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