WILTON – A discussion on the assessment of contiguous pieces of land Tuesday resulted in the Board of Selectmen deciding not to set a policy for the assessor to follow.
A question arose from the recent property revaluation when Selectman Terry Brann took issue that his three lots were assessed separately. The lots were purchased to keep privacy, he said.
After being told by the revaluation firm of Cole, Layer, Trumble of Connecticut that the properties would have to be combined to be taxed as one, Town Manager Peter Nielsen sought direction from Maine Municipal Association Legal Services as to whether land parcels under the same owner but not the same deed should be assessed as one lot or as multiple parcels.
He also questioned whether the board should set a policy for the town’s assessor to follow.
A response from Kristen Collins determined that assessors may, but are not required to, assess two or more contiguous lots as one lot, as long as those lots are in the same ownership and used in the same way.
State law puts some limitations on an assessor’s discretion to merge lots. Town assessor James Jurdak told the board that each parcel must be five acres or more, the owner must give written consent and the owner certifies that the lots aren’t held for sale and aren’t subdivision lots. The law also does not require the assessor to merge lots because the landowner has requested it.
Jurdak told the board that some properties in town have been combined but it’s an issue of fairness and equity.
“People have told me that they don’t mind paying their fair share as long as it’s fair,” Jurdak said.
He explained that one landowner with three lots on Wilson Lake wanted the lots combined, but he did not meet the criteria because none of them were more than five acres. People may seek litigation on some of these issues, he said.
Selectman Norm Gould said the law is quite plain and that the board should not set a policy.
“We’ve hired an assessor, and we as a board don’t have the right to tie his hands or give him a policy,” Gould said.
In other business, the board opened several bids for a replacement bucket loader and three for repaving within the town. The board chose to have the town manager and John Welch, head of the Highway Department, review the bids for both projects and make a recommendation at the next board meeting.
Comments are no longer available on this story