Former BernCo DA sues county assessor, alleging unlawful property tax increases

Former Bernalillo County District Attorney Kari Brandenburg and Albuquerque resident Edward Roberts have filed a class action lawsuit against Bernalillo County Assessor Damian Lara and the Bernalillo County Board of Commissioners, alleging illegal property tax increases. The lawsuit claims Lara unlawfully reassessed properties placed in revocable living trusts, exceeding the state’s 3% annual valuation cap. According to the plaintiffs’ attorney, Chris Dodd, state statute clarifies that transferring property into a revocable trust does not constitute a change in ownership, and therefore should remain subject to the 3% cap. Brandenburg’s property taxes increased by 26%, while Roberts’ rose by over 32% after placing their homes in trusts.

The lawsuit alleges that Bernalillo County is the only county in New Mexico enforcing the view that a transfer into a trust triggers tax reassessment, unless the deed explicitly states “revocable,” despite statute presuming all trusts are revocable. The plaintiffs are seeking restoration of lawful valuations, refunds of illegally collected taxes, and damages, potentially totaling millions of dollars. They have also filed for a temporary restraining order to halt delinquent tax penalties.

The county assessor’s office declined to comment, citing pending litigation. Dodd emphasized that the county’s actions disregard established laws and harm numerous homeowners, with the potential for compounding financial burdens if the issue remains unresolved.

(Source：Albuquerque Journal)