There’s some confusion here, so I thought some definitions might help:
Market Value: The most probable price your property would fetch given lots of assumptions and conditions, yada yada yada. Property tax assessors (should, at least) determine this for your property first. This is also (typically) the value a private real estate appraiser is estimating.
Assessed (or Taxable) Value: This is the value that the tax assessor can apply the total property tax rate to. This should always be lower than or equal to the market value (if it’s higher, people hire me to do a tax protest). In states like California (and Oklahoma) the assessed value is “capped” from one year to the next at a certain percentage increase. Here in Oklahoma, that’s 5%, actually.
Assessment: The process of arriving at an Assessed Value for property tax purposes, which should include in the process a development of a Market Value.
Appraisal: This typically refers to a private real estate appraiser estimating a Market Value for the purposes of a sale, or refinancing, although some County Assessors refer to themselves as County Appraisers. This has NOTHING to do with your property taxes, at least not directly. If you’re getting your home refinanced, you’re getting your home re-appraised (usually), but not re-assessed. When an independent appraiser comes up with a market value for your home, the local county assessor doesn’t know anything about it.
Some other factoids and such:
1.) How much you actually sell a home for is not necessarily the true “market value” of the home, although in most cases county assessors assume this is the case. I can elaborate on this if anyone wishes.
2.) There are numerous ways around the “your property tax gets bumped up to the sale price” rule of thumb, although most of these are not really readily accessible to your standard homeowner. Having the seller form an LLC for the sole purpose of that property, and then just buying the LLC, is one way. Also, hefty fees to people like me can generate an “ad-valorem tax protest” where we argue that the taxable value is above the true market value. In cases where the taxable value is based on the sale price, it might be that prices have dropped. Or, maybe the buyer was coming out of a 1031 exchange, and we can argue that the buyer was “unduly motivated” which violates the assumptions of “market value.” In any event, there are ways around this that are available to large, commercial interests, but significantly less so to Joe and Jane Taxpayer.
3.) California is certainly not alone in having a property tax system like this, although it may be the most severe case. We cap our assessments here in Oklahoma too. For an example of a state where the taxable value is equal to market value with no restrictions, I believe Kansas is like that, although they are considering their own “Prop 13.” Note that real property appreciation is significantly slower in Kansas than in California (at least in most areas…)
4.) I’ve never seen a case where a property declined in value and the local assessor lowered his value accordingly. This may be because many assessor’s taxable values are so far below “market” that it makes no difference. It’s complicated by the fact that CAMA (Computer Aided Mass Appraisal) software, used by all but the most po-dunk county assessors, isn’t very good at figuring when real estate demand is lower than it once was. Even then, though, in areas of increasing property value, assessors’ market values are almost universally lower than the market values an independent appraiser will come up with. Again, we can thank CAMA.
What I’d like to know, if anyone out in California knows, is this: are there any property tax exemptions out there? Here in OK, we’ve got the “Homestead Exemption” which reduces your assessed value if the property you’re paying taxes on is your own place of residence. We’ve also got property tax freezes for low-income seniors. I prefer these methods of targeting precisely those horror stories we hear, than just tossing the baby out with the bathwater (in either direction). Sure, we’re still capping our property taxes, but it’s at a higher rate than California. However, we also don’t have to deal with wildly inflating property values.
Meh. In the case of California, I don’t see any solutions that are fair and equitable to everyone, without causing significant distortions in the real estate market. I think I agree with some of the other posters: the ideal situation is to jetison the property tax and jack up some other tax (probably income, including corporate). There probably aren’t really any ideal tax schemes, but property taxes seem a crummy way of going about it compared to the alternatives.