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Don_Mahaffey

Golf course property tax valuation.
« on: July 21, 2009, 01:28:18 PM »
As many of you here know I am the Superintendent at Wolf Point Club in Texas. Wolf Point was designed by Mike Nuzzo, built “in-house” with construction being directed by Mike and myself. The course was designed and built to be a personal golf course for the use of the owner and his guests.

We are in the midst of a contentious property tax fight. Our local appraiser has valued the golf course at a rate 10X higher than the other golf courses in the area and more than twice that of  the nearest “nice” country club.

As a admitted laymen in these matters, I believe there are three different methods for valuing a golf course.

1. Like most real estate, comparable sales are one way it can be done. As the taxpayer we like this method as we believe it shows what the true value of a course is, provided the use is not changing. Problem is, in the Houston area, many golf courses have sold in the last few years for development reasons which seem to unfairly raise the value of the golf course. But, when you use comparables where the use has not changed, the numbers would help our case as those golf courses that are trading are selling for much less than our current valuation.

2. Another way to value is the income approach. In our case, the assessor has changed the use of the land from ag exempt to commercial. Problem is we are not in business. Besides the owner, no one has ever paid for anything to play here. We have no income and thus the assessor will not use this method.

3. That leaves the cost method which basically values the course at what it would cost to replace. This is the method the appraiser is using and even though we built the course in house he is arguing that he must value the course using a schedule that shows replacement costs as if it where built in a more traditional (general contractor) manner.

I understand that placing a value on a special use piece of ground can be very tough. But it makes no sense to me that a guy who just wants to play golf on his own course should be penalized so severely. If you built a nice racetrack on your land, and you are the only one driving on it, is it worth more than Daytona? I could think of many other examples but basically what it comes down to for me is they are simply trying to charge what they think the freight will bear.       

What, besides income, makes a golf course valuable? Take away income and they are all losers unless they are sitting on valuable land. Why is a golf course with no income worth more than a grassy field?
Thoughts?

Phil McDade

  • Karma: +0/-0
Re: Golf course property tax valuation.
« Reply #1 on: July 21, 2009, 01:37:19 PM »
Don:

Ah, golf course property values. The issue has risen its head here in Wisconsin.

Before I wade in, may I ask a question? Let's say, for sake of the argument, that the current owner tires of this course as his personal playground in a few years, and decides to change its use.

What's your best guess as to what would become of the course?

-- Continue on as some kind of golf course, either private or daily fee (but one with some income stream)?

-- Donated/turned over to a unit of government/conservancy/something similar for maintaining as some sort of greenspace (a term I can't stand...)?

-- Developed in some way (in the traditional use of that term -- housing/retail/commercial)?

-- Something else, or a combo of the above?


Don_Mahaffey

Re: Golf course property tax valuation.
« Reply #2 on: July 21, 2009, 01:47:37 PM »
Phil,
The course sits within a large working cattle ranch, two miles from the nearest paved road, and 15 miles from the nearest small town.
Who knows, maybe another guy like him would come along and want a personal golf course, or it could be developed. But if I had to guess, I believe the most likely outcome is someday the cattle will take it back.

Trey Stiles

Re: Golf course property tax valuation.
« Reply #3 on: July 21, 2009, 01:57:13 PM »
Don ,

Having operated courses all over the state of Texas , what I can tell you is that the only consistency is inconsistency in valuation.

It appears that each district will utilize a different methodology , I have a course in E. Tx that just got hit when they changed the value from Ag to Timber ( we fought that and won ) , in another county they just placed a random value that was about 1/3 of what we spent to build it , another county pulled sales comps.

It's a huge issue without our huge property tax rates.

Make sure you file your protest on time , From there I would suggest you either hire somebody to work the protest , or start doing your own research , starting with an informal meeting with the appraiser to determine what methodology he is using to determine value . From there you can develop your own strategy.

Rob_Waldron

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Re: Golf course property tax valuation.
« Reply #4 on: July 21, 2009, 01:59:38 PM »
Don

I fight the tax battles for our company. Every State, County, Township and city have different approaches to determining value. In Texas I retain an attorney who handles my work as my agent. I recommend you do the same. Contact me directly if you would like to discuss.

Norbert P

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Re: Golf course property tax valuation.
« Reply #5 on: July 21, 2009, 02:01:18 PM »
 Perhaps something on the property could be grown and sold to bring it back its ag classification?  May I suggest agave?
"Golf is only meant to be a small part of one’s life, centering around health, relaxation and having fun with friends/family." R"C"M

Don_Mahaffey

Re: Golf course property tax valuation.
« Reply #6 on: July 21, 2009, 02:14:04 PM »
Thx guys,
We're past the protest and hearing stage...and we have retained help.

What I find humorous is when I met with the chief appraiser, he pulls out his big book and goes right to the schedule that values the course. There are different classes, stages and levels, but you basically plug in what is there and end up with a number. The problem is the number is a whole lot higher than other courses in the state. His response is the other counties don't know what they are doing. 

Obviously not every appraiser is using the same book or the replacement cost method.

Slag,
We'll plant the agaves next to the wild hemp... 8)


Lou_Duran

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Re: Golf course property tax valuation.
« Reply #7 on: July 21, 2009, 03:18:23 PM »
Don,

There are a number of tax protest firms.  Marvin Poer is one that I've used in the past with some success.  Here is a link to their Houston office:

http://www.mfpoer.com/default.htm

I've personally protested tax valuations on residential real estate and can attest that the process through the appraisal districts is a racket.  On one income producing property, at the hearing, the government appraiser applied a 10% cap rate to the revenue stream to support his value.  When I testified that the income approach to valuation required that he deduct the operating expenses including taxes to arrive at Net Operating Income before applying the cap rate, he was dumbfounded.  My statement of fact didn't move the three member panel and they refused to lower the valuation.  My only recourse was to file suit in district court, I think, but the legal expenses and time would have been more than the tax savings I was seeking.

On the sales approach, the problem is that properties used in the comps in most normal cycles are typically brought up to salable condition.  Yet they use these without adjusments to set the value of property which may have tens of thousands of dollars in deferred maintenance.  Again, most panels will not adjust for this- I was once told that the $30,000 of bids I had on work needed to be done to make a property salable was not "our problem", though I tried to point them to the law that the valuation is supposed to be based on the subject property's current condition, and that sales comps are at most a proxy of value to which allowances for various differences were required.  There are also timing issues which at times result in higher older values being used to prop up the tax base in declining markets.

The bottom line is that as the economy worsens and local governments' normal tax revenues decline, there is more pressure to raise the valuation of the base.  What is right and ethical goes out of the window when it means a colleague's government job.  This became crystal clear last Thursday when my daughter was stopped on I-35 by a city of Hilsboro policeman and cited for "Following To Closely" (the thug couldn't even spell right).  It was 4:00 in the afternoon, the highway was dry, and traffic was flowing smoothly.  He didn't give her a reason for the stop until after she provided the registration and proof of insurance, and the car behind her was also cited.  She swears, and I believe her, that she was driving safely and had no idea why she was pulled over.

Sorry for the rant.  The bottom line, if I was the owner, I'd hire a lawyer and file suit.

Don_Mahaffey

Re: Golf course property tax valuation.
« Reply #8 on: July 21, 2009, 04:18:15 PM »
Lou,
I was hoping you would respond as I know you have been out here and you've also been through the process. It does appear we will end up in district court. 
I've been pulling up comparable valuations off and on for a week now and I've yet to find a golf course in a rural area of TX that is even close to the evaluation assigned to us.

What do you think is a fair method to appraise a course like WP?

For that matter, what is a fair method to assign a property tax value to any course? I don't know what they do in AZ now, but when I was there the Legislature had the best method I've seen yet. It was $500 an acre plus any improvements. I think they were in the process of raising that number, but it was the same for everyone. Here in TX the valuations are all over the board, as Trey noted.
What makes a golf course valuable?

Kevin_Reilly

  • Karma: +0/-0
Re: Golf course property tax valuation.
« Reply #9 on: July 21, 2009, 04:22:14 PM »
Is the value of the whole property for tax purposes the sum of the values of the cattle land plus the golf course?  If so, then there are two separate values to look at (each looked at on an "island" basis).

Value of the cattle land:  Is there merit to the argument that the cattle ranch's value has been impaired due to the presence of a golf course in the middle of it?  Just looking strictly at the property from a cattle ranch perspective, would you pay the same for a ranch that had the same amount of land, but one had a (separately owned) golf course in the middle of it and the other didn't?  I'd prefer the ranchland without the golf course.

Value of the golf course:  What contractors are being used for pricing guidelines...what type of greens (USGA etc), how much irrigation, etc.  Does the course have its own (separable) water source or rights?  Would the owner of the course be restricted in terms of pesticides used because of the surrounding ranch?  Does the fact that access to the course is via egress over the ranch matter?

I'd try to argue that the ranch has no incremental value from the golf course, because the golf course has no revenue generating ability now or ever.  It would be like adding value to a property because it has a nice lawn or garden.

Just thinking out loud...this is an odd valuation case because the income approach and comp value approach aren't really applicable.
"GOLF COURSES SHOULD BE ENJOYED RATHER THAN RATED" - Tom Watson

Jason McNamara

Re: Golf course property tax valuation.
« Reply #10 on: July 21, 2009, 08:08:50 PM »
Don, basically you had it right when you say they charge what they think they can make stick.

Harris County is big on market value.  Luckily I bought my house at a relative discount so I could knock down the valuation.  Unluckily they could still re-jack the valuation massive amounts.  (Of course the protest rates here in Houston are sky high.)

So if the land was purchased by a separate entity that might help, but if both have the exact same ultimate ownership that could be a problem.  Might just have to electrify the greens and let the cows out on the course.

Focusing on comparables is probably the best bet.  Your hired gun will look at courses in the same county, or at least similarly rural ones.  Given the houses that sprang up out of nowhere to surround Old Orchard over the last decade, in no way is that analogous to your location.

Oh - one other consideration.  As you know, TX homestead sites get a deduction, so if your client's PRIMARY residence and the golf course are part of the same property, I am guessing the golf course gets the discount.  That goes double if your client is 65+.  NB:  I am assuming there's no upper-end limit on the number of acres a homestead may include, but that's something your expert can answer for certain.

ps.  Lou, I am going to have to one-up you here.  A Ft. Bend County patrolman wrote me up for "following to close" - I flashed my brights at the car in front of me doing 35 in a 45 (night, no rain/fog).  It was a mile away from the club I belonged to, so it was a "shut up and pay it" deal - can't go to court and mock the grammar of the cop you expect to drive by 10x/month.

Mike Nuzzo

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Re: Golf course property tax valuation.
« Reply #11 on: July 21, 2009, 09:54:32 PM »
I believe the most likely outcome is someday the cattle will take it back.

They will have one hell of a clubhouse....
Thinking of Bob, Rihc, Bill, George, Neil, Dr. Childs, & Tiger.

Lou_Duran

  • Karma: +0/-0
Re: Golf course property tax valuation.
« Reply #12 on: July 21, 2009, 11:23:20 PM »
Lou,
What do you think is a fair method to appraise a course like WP?

For that matter, what is a fair method to assign a property tax value to any course? I don't know what they do in AZ now, but when I was there the Legislature had the best method I've seen yet. It was $500 an acre plus any improvements. I think they were in the process of raising that number, but it was the same for everyone. Here in TX the valuations are all over the board, as Trey noted.
What makes a golf course valuable?


As has been noted, the value is what the appraisal district says it is until told by a superior authority that it is something other.  Unfortunately, it is not cheap to challenge them in court.  On the plus side, the probablity of prevailing in district court is often good. particularly if the county can't show a reasonable valuation methodology that is consistently applied.

The comparable sales method after making all the adjustments for material differences gets to the best market value.  With income producing properties, it incorporates the income method directly.  The cost method in feast and famine markets that are too common in Texas just doesn't provide much of an indicator of value during some cycles.

I should know the specifics of tax valuation for golf courses in Texas, but I haven't kept up.  I know that it is not the same as it is for commercial property and homes.  The open air and recreational uses are taken into consideration, but I am fuzzy on the details.

How would I value the owner's playground?  At no more than the alternative value of the land, with a few bucks thrown in for the small clubhouse, maintenance facility, and Al's house.  Basically, it is ranch land.  I doubt that the course would generate much operating income if it was opened to members or the public.  And the probability that someone would come in and pay to own a private course in that part of the country is not too promising.

Homestead laws won't give the owner any tax relief.  I am sure he max's out well short of the value of just the clubhouse.  It only prevents a forced taking, though it does not protect his property from the government for non-payment of taxes.

I am curious, what is the appraisal district proposing as its value?

Tom Walsh

  • Karma: +0/-0
Re: Golf course property tax valuation.
« Reply #13 on: July 21, 2009, 11:39:49 PM »
"vado pro vexillum!"

Jason McNamara

Re: Golf course property tax valuation.
« Reply #14 on: July 22, 2009, 01:19:29 AM »
Homestead laws won't give the owner any tax relief.  I am sure he max's out well short of the value of just the clubhouse.  It only prevents a forced taking, though it does not protect his property from the government for non-payment of taxes.

Lou -

I guess my house isn't expensive enough.  Is there a cap on the value of a homestead exemption here?  I know the acreage is capped, but if it's a rural site (and I am assuming a former cattle ranch is still considered rural), then WP's owner has 200 acres of exemption.  I'd think that would just about fit a golf course.  :-)

Davis Wildman

  • Karma: +0/-0
Re: Golf course property tax valuation.
« Reply #15 on: July 22, 2009, 10:16:15 AM »
Don/Mike,

Give Jeff Monroe at Golf Tax LLC a call...937-768-4653.  He's very successful nationally helping gc owners fight the powers on valuation.  I don't know of his successes in TX, but I'm sure you can find out.

Best of luck,




Lou_Duran

  • Karma: +0/-0
Re: Golf course property tax valuation.
« Reply #16 on: July 22, 2009, 10:47:47 AM »
Homestead laws won't give the owner any tax relief.  I am sure he max's out well short of the value of just the clubhouse.  It only prevents a forced taking, though it does not protect his property from the government for non-payment of taxes.

Lou -

I guess my house isn't expensive enough.  Is there a cap on the value of a homestead exemption here?  I know the acreage is capped, but if it's a rural site (and I am assuming a former cattle ranch is still considered rural), then WP's owner has 200 acres of exemption.  I'd think that would just about fit a golf course.  :-)

Jason,

I am fairly sure that the homestead exemption varies by taxing authority and jurisdiction, but the amounts are relatively modest, say $10,000 to $25,000 of the assessed value per exemption.  Counties in Texas assess properties at 100% of the supposed market value, and there are statutory limits on how high the so-called mil rates can go without an election (I think) to change them.

As you know, school and municipal budgets in Texas are highly dependent on ad valorem and sales taxes.  If the homestead exemption was anything more than a modest amount, with a statewide median home price of around $135,000, there wouldn't be much in taxes collected.

As I noted earlier, the biggest impact of homestead laws is in protecting the property owner from having his property seized by a non-mortgage or related (loans for improvements) creditor.  I once had a client who moved into the top floor suite of an office building he owned and tried to claim it as his homestead to prevent his creditors from foreclosing (he was not successful).  Of course, the IRS and other tax authorities are not shielded from foreclosing on homesteaded property and often do.

In the past, Texas homestead laws were also used to protect the property owner from himself.  For example, a homeowner was prevented from refinancing a mortgage and taking out equity.  As I recall, second mortgages were also problematic.  This was all repealed some time ago, to the chagrin of some consumer protection groups.

Jason McNamara

Re: Golf course property tax valuation.
« Reply #17 on: July 22, 2009, 11:10:14 AM »
I am fairly sure that the homestead exemption varies by taxing authority and jurisdiction, but the amounts are relatively modest, say $10,000 to $25,000 of the assessed value per exemption. 

It's percentages for the county and others (hospitals, MUDs) - 20% in Harris Cty, no cap.  School districts may be different, so we may both be right.

Jim Thompson

  • Karma: +0/-0
Re: Golf course property tax valuation.
« Reply #18 on: July 22, 2009, 02:58:10 PM »
As many of you here know I am the Superintendent at Wolf Point Club in Texas. Wolf Point was designed by Mike Nuzzo, built “in-house” with construction being directed by Mike and myself. The course was designed and built to be a personal golf course for the use of the owner and his guests.

We are in the midst of a contentious property tax fight. Our local appraiser has valued the golf course at a rate 10X higher than the other golf courses in the area and more than twice that of  the nearest “nice” country club.

As a admitted laymen in these matters, I believe there are three different methods for valuing a golf course.

1. Like most real estate, comparable sales are one way it can be done. As the taxpayer we like this method as we believe it shows what the true value of a course is, provided the use is not changing. Problem is, in the Houston area, many golf courses have sold in the last few years for development reasons which seem to unfairly raise the value of the golf course. But, when you use comparables where the use has not changed, the numbers would help our case as those golf courses that are trading are selling for much less than our current valuation.

2. Another way to value is the income approach. In our case, the assessor has changed the use of the land from ag exempt to commercial. Problem is we are not in business. Besides the owner, no one has ever paid for anything to play here. We have no income and thus the assessor will not use this method.

3. That leaves the cost method which basically values the course at what it would cost to replace. This is the method the appraiser is using and even though we built the course in house he is arguing that he must value the course using a schedule that shows replacement costs as if it where built in a more traditional (general contractor) manner.

I understand that placing a value on a special use piece of ground can be very tough. But it makes no sense to me that a guy who just wants to play golf on his own course should be penalized so severely. If you built a nice racetrack on your land, and you are the only one driving on it, is it worth more than Daytona? I could think of many other examples but basically what it comes down to for me is they are simply trying to charge what they think the freight will bear.       

What, besides income, makes a golf course valuable? Take away income and they are all losers unless they are sitting on valuable land. Why is a golf course with no income worth more than a grassy field?
Thoughts?


Don,

I’ll try to help as best I can, but each state has its own ins and outs relative to property valuation.
RE:
1.   Any time a course is sold to be converted to residential development it is NOT being purchased for the same use currently provides.  An excellent argument goes as follows, I know of a framer who just sold 100 acres of dry land for $40,000 an acre because a builder is going to put infrastructure on it and sell ˝ acre lots for $55,000 each.  Surely it is not realistic that all farmers should pay taxes on either a per acre basis of $40,000 or $110,000 an acre just because one other did.  The value of the land does not increase until the use changes.  Valuation based on best use or most profitable use is not reasonable as when applied across the board is not realistic.  Regarding the courses that sold for a decreased value and continued their function as golf course.  You need to be aware that any “distressed sales” are excluded as market comparables.  So any course that was sold and in foreclosure, under receivership or resulting from a bankruptcy is excluded.  This approach may not be as good as it seems to you.
2.   The assessor’s approach to change the use from land exempt to commercial is not an option unless: 1. you have set up a for profit business on the site, which you have not, 2. the zoning board has changed the zoning of the land, which they have not.  This might be one of your stronger arguments.  Since the assessor had not taken this approach it only re-affirms that the course is just a big grass field with no income.  Until such time as it is sold for a for profit entity it has no comparables from which to base a valuation.
3.   The cost approach is where most owners and assessors find common ground, but that too is only in the case of for profit operations as an operation is looking to minimize a cost against an income stream.  Remember also that the items you made are for the most part depreciable by IRS code. Tees, greens, bunkers, irrigation, drainage all have a well established depreciable schedule.  All of which are based on cost allocation not market cost.  Further, in the case of any facility that is not considered part of a going concern with any external commitments, there is no reason that would mandate an owner to re-construct.  It’s not like you all have membership that require a functioning 18 hole course or anything.
4.   There is another argument that involves the end valuation of any course in general.  It involves the transfer of value / inputs.  A great example, we’ll stay with the farmer for a second, is the guy who digs a 40 acre pond in the middle of a 100 acre field and then sells off the remaining land as residential lots.  The valuation is a two step model.  The first step is that the cost of the pond construction is transferred to the basis of the lots, you can’t really leave the value in the bond a tax it forever ‘cause it wouldn’t work.  That new value is now the owner’s basis until he sells the lots.  The second step is that the new lots are valued at the sales price to the new owner.  The lots were made more valuable by their proximity to the value increasing feature – the pond, which now has no value.  The assessor should be doing an end around on you  and trying to increase the value of at the land adjacent to the course as that is what has increased in value, provided ownership of said land is not the same as the course.  Example 2, had you pt in a dairy operation with 1000 head would the value of the adjacent property have gone up?  Don’t think so.

You can also make the argument that at anytime you can cease maintaining your grass field.  Will you be getting a rebate on that tax bill?

You must protest at ever turn and on time.  You must also seek an audience with your state board of real estate appraisers, which in Michigan is a sub-section of the Governor’s office.  It is like the state supreme court of the board of review.

Good Luck!

JT
Jim Thompson

Jim Thompson

  • Karma: +0/-0
Re: Golf course property tax valuation.
« Reply #19 on: July 22, 2009, 02:59:52 PM »
In addition, even the feds don't take anything on this until the cap gains at the point of sale as no income is being produced.
Jim Thompson

Tom_Doak

  • Karma: +2/-1
Re: Golf course property tax valuation.
« Reply #20 on: July 22, 2009, 07:39:46 PM »
I was surprised to see that even on one of my non-posh early designs [won't say where for confidentiality reasons], the annual property tax amounted to $50,000, which is a pretty big bite out of their revenues.

John Moore II

Re: Golf course property tax valuation.
« Reply #21 on: July 23, 2009, 12:30:09 AM »
I was surprised to see that even on one of my non-posh early designs [won't say where for confidentiality reasons], the annual property tax amounted to $50,000, which is a pretty big bite out of their revenues.

Well, if its a stand-alone course on a major road in close proximity to a major transit route, then it would be very likely that the tax value would be very high given the large sum they could get selling the land to make a townhome development....... :-X

Courses in Raleigh, I think have benefited from good zoning I think. However, one course which was right at the junction of US 1 and I-540 in North Raleigh wound up selling for somewhere in the range of $30 million; about 120 acres or so, prime highway front, etc. Another is on the block for about half that sum, but in half as good a location. Given the rates those places charge on a daily basis, I'd say they get a good valuation on the taxes or they would not be able to stay in business.

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