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September 2008
New Legislation Effective 10/1/08
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2008
Legislative
Review
Effective
10/1/2008
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Atty.
THOMAS M. KABLIK, P.C.
(860)563-2359/526-1181
email: tmkpc@earthlink.net
www.yankeelawyer.com
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Atty. Tom Kablik
Member:National
Academy of Elder Law Attorneys
Living Trusts, Wills, Powers of Attorney,
Healthcare Documents, Estates
Free House Calls ***Senior Discount
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The legislative ball
game was a yawner until the bottom of the 9th inning with two outs.
Then they snuck in a big one!
Earlier ho-hum Public Acts included
topics of boating safety (PA08-26), dealing with teen drivers (PA08-32),
locksmiths being licensed (PA 08-81),
and extending the report date on establishing a State Music Hall of Fame
(PA08-136). One decent change re:
Title 19 was to include Hospice care as a Medicaid benefit as of 1/1/09
(PA08-158). We also learned that the Department of Mental Retardation was now
known as the Department of Developmental Services. Attorneys and others who
collect (use) social security numbers (as required to record deeds) will have
to have a published Privacy Policy regarding those numbers. They may be posted
on line. Mine can be viewed at www.yankeelawyer.com .
The one new law that
hits all of us who own a home came at the very close of the legislative
session. The culprit is Public Act 08-185 which allows towns after a
revaluation (painful enough) to then annually revalue. Here are the actual
words:
“Commencing with the grand list
immediately following the grand list in which a revaluation takes place, the
market value of all real estate within a municipality may be adjusted annually
to reflect the average annual adjustment in the value of each category of
property within the municipality. Such adjustment may be made by specific
geographic areas of the municipality.
The
annual adjustment shall be derived from a compilation of all fair market sales
within the municipality during the twelve months preceding the assessment date,
provided the assessor may use fair market sales from a prior period or other
data that may be lawfully used by an assessor for valuation purposes, if
insufficient data exists during such twelve-month period to derive an accurate
average annual adjustment.” (Once
a town starts the annual adjustment, it must continue until the next
revaluation. While the total annual adjustment for the entire group of homes
reviewed is limited to 5% per year, your increase could be much higher, as long
as other revaluations are less than 5%).
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