Proposition 3 provides property tax relief to people whose property has been taken by eminent domain proceedings, acquisition by a public entity, or government action resulting in a judgment of inverse condemnation. Form BOE-68, Claim for Base Year Value Transfer Acquisition by Public Entity, is available in the Real Property section of the forms page.
When a taxpayer purchases or constructs a replacement property as a result of their original property being taken away by government action, the Assessor can transfer the factored base year value of the original property to the replacement property.
- You are the owner of real property that has been taken away by government action on or after March 1st, 1975.
- The replacement and displaced properties are similar in size, utility and function. A replacement property is considered comparable in size and utility if it is intended to be used in the same manner as the original property. Its full cash value cannot exceed 120 percent of the award or purchase price paid for the original property. A replacement property is considered similar in function if it has the same type of restrictions such as zoning.
- Title to the replacement and original properties are held in exactly the same manner and name.
- The request for tax relief is received in a timely manner. A request for relief is considered timely if made within four years of the date that applies:
- The date the final order of condemnation is recorded or the date the taxpayer vacates the original property, whichever is later.
- The date of conveyance to the acquiring agency or the date the taxpayer vacates the original property, whichever is later.
- The date the judgment of inverse condemnation becomes final or the date the taxpayer vacates the original property, whichever is later.
- The original property is located in California. The Fresno County Assessor is responsible for reassessing the replacement property when it is located in Fresno County.
What documents will the Assessor require as proof?
Any data requested by the Assessor must be submitted in addition to a certified copy of one of the following:
- The final order of condemnation or order of possession showing the effective date the agency or organization is authorized to take possession of the property.
- The recorded deed showing acquisition by a public entity.
- The judgment of inverse condemnation.
- A document that clearly indicates the name of the acquiring agency, the date condemnation proceedings began, and the date the agency took possession.