2021 - 2022 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 191
June 30, 2021 - Offered by Senators
Agard, Carpenter and L. Taylor.
AB191-SSA1,1,2
1An Act to create 70.32 (1b) of the statutes;
relating to: property tax
2assessments based on comparable sales and market segments.
Analysis by the Legislative Reference Bureau
This bill provides that, for property tax assessment purposes, to determine the
value of property using generally accepted appraisal methods, an assessor must
consider all of the following as comparable to the property being assessed:
1. Sales or rentals of properties exhibiting the same or a similar highest and
best use with placement in the same real estate market segment.
2. Sales or rentals of properties that are similar to the property being assessed
with regard to age, condition, use, type of construction, location, design, physical
features, and economic characteristics.
The bill defines “real estate market segment” to mean a pool of potential buyers
and sellers that typically buy or sell properties similar to the property being
assessed, including potential buyers who are investors or owner-occupants.
The bill also provides that a property is not comparable to the property being
assessed if the seller has placed restrictions on the highest and best use of the
property or if the property is dark property and the property being assessed is not
dark property. The bill defines “dark property” as property that is vacant or
unoccupied beyond the normal period for property in the same real estate market
segment.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB191-SSA1,1
1Section
1. 70.32 (1b) of the statutes is created to read:
AB191-SSA1,2,42
70.32
(1b) (a)
To determine the value of property using generally accepted
3appraisal methods, the assessor shall consider all of the following as comparable to
4the property being assessed:
AB191-SSA1,2,65
1. Sales or rentals of properties exhibiting the same or a similar highest and
6best use with placement in the same real estate market segment.
AB191-SSA1,2,117
2. Sales or rentals of properties that are similar to the property being assessed
8with regard to age, condition, use, type of construction, location, design, physical
9features, and economic characteristics, including similarities in occupancy and the
10the potential to generate rental income. For purposes of this subdivision, such
11properties may be found locally, regionally, or nationally.
AB191-SSA1,2,1312
(b) For purposes of par. (a), a property is not comparable if any of the following
13applies:
AB191-SSA1,2,1614
1. At or before the time of sale, the seller places any deed restriction on the
15property that changes the highest and best use of the property so that it no longer
16qualifies as a comparable property under par. (a) 1. or 2.
AB191-SSA1,2,1817
2. At or before the time of sale, the seller places a deed restriction on the
18property that substantially impairs the property's marketability.
AB191-SSA1,3,219
3. The property is dark property and the property being assessed is not dark
20property. In this subdivision, “dark property” means property that is vacant or
21unoccupied beyond the normal period for property in the same real estate market
1segment. For purposes of this subdivision, what is considered vacant or unoccupied
2beyond the normal period may vary depending on the property location.
AB191-SSA1,3,53
(c) For purposes of par. (a), “highest and best use” means a use that is legally
4permissible, physically possible, and financially feasible and that provides the
5highest net return.
AB191-SSA1,3,116
(d) For purposes of par. (a), “real estate market segment” means a pool of
7potential buyers and sellers that typically buy or sell properties similar to the
8property being assessed, including potential buyers who are investors or
9owner-occupants. For purposes of this paragraph, and depending on the type of
10property being assessed, the pool of potential buyers and sellers may be found locally,
11regionally, nationally, or internationally.
AB191-SSA1,3,1313
(1) This act first applies to the property tax assessments as of January 1, 2022.
