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Homeowners Sue Over Property Tax Inspections

WMUR Channel | August 26 2004

CONCORD, N.H. -- Homeowners who claim they were punished for protecting their property are trying to overturn a state property tax inspection law.

The group sued the attorney general and members of the New Hampshire Board of Tax and Land Appeals in federal court on Wednesday over a 1994 law that allows cities and towns to inspect all homes for property-tax assessment purposes. Those who refuse to allow inspectors into their homes lose their right to appeal their assessments.

The plaintiffs argue that the law violates the Fourth Amendment, which protects against unreasonable government searches and seizures.

"Every person's home is their castle, unless they live in New Hampshire," said Bert Gall, a lawyer with the Washington-based Institute of Justice, which filed the lawsuit on behalf of two Hollis homeowners and a Hudson couple. "Under New Hampshire law, it is easier for the government to search the homes of law-abiding citizens than it is to search the homes of suspected criminals."

In the Hollis case, both Phillip Smith and Anthony Stanizzi allowed exterior inspections of their homes in 2002 but refused to allow inspectors inside. Both later tried to appeal their assessments based on perceived mistakes in the valuation of their land but were denied.

The Hudson couple, Tony and Alicia Lekas, are due to have their property assessed next year. They don't want to let a stranger in their home but don't want to lose their right to appeal if the assessment is inaccurate.

According to their lawsuit, such searches are illegal unless inspectors obtain search warrants based on a reasonable suspicion that a crime has occurred. It says New Hampshire is incorrectly relying on an exception that's made for "administrative inspections" designed to reveal dangerous conditions like faulty wiring in rental buildings.

The Institute of Justice says 13 states make it difficult for homeowners to succeed on appeal if they don't go along with interior inspections, but only New Hampshire, Minnesota, Nevada and Wisconsin take away the right to file an appeal.

A spokeswoman for the tax and appeals board was not available for comment Tuesday.