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Dismissal of Property Tax Petition

Property and Tax Info Page  ||  Assessments Info Page

Any property owner's property tax petition may be dismissed - meaning that it is removed from the court before a final judgment can be reached - at any point during the petition process.  Dismissal means that there will be no change in your property taxes for the taxes payable year for which you were petitioning.

There are three (3) main reasons for which a petition may be dismissed.  Please note that two of the three reasons apply to income-producing property types only.

For All Property Types
  • Failure to pay your property taxes: Regardless of your property type, you must still pay your property taxes, in full and on time, even though you are contesting them (per Minnesota Statute section 278.03).  If you don't pay your taxes, your petition will be dismissed. 
    • If your petition results in a change in your taxes, any overpayment you may have made will be refunded with interest. 
For Income-Producing Property Types Only
  • Failure to provide financial/rental information: Your petition may be dismissed if you do not provide the following information to the county assessor no later than August 1 of the taxes payable year (according to Minnesota Statute 278.05, subd. 6):

    • A year-end financial statement for the year prior to the assessment date
    • A year-end financial statement for the year of the assessment date
    • A rent roll on or near the assessment date listing the tenant name, lease start and end dates, base rent, square footage leased, and vacant space
    • Identification of all lease agreements not disclosed on a rent roll, listing the tenant name, lease start and end dates, base rent, and square footage leased
    • Net rentable square footage of the building or buildings
    • Anticipated income and expenses in the form of a proposed budget for the year subsequent to the year of the assessment date

You may also be required to submit the actual leases that are in effect on the date of the assessment, if requested by the county assessor.  You will have 60 days after the assessor's request to submit the leases.

If you do not comply with these requests, your petition will be dismissed, unless:

    • Your failure to provide the information was due to its unavailability at the time it was due,  - OR -
    • You can prove that you were not aware or informed of the requirement to provide the information.
      • You would then have an additional 30 days (from the time you became aware or informed of this requirement) to provide the required information, otherwise your petition will be dismissed.

  • Failure to submit an appraisal: Following submission of the above material, both you and the assessor's office must prepare a unique appraisal for the property in question (you may hire an outside party to do this if you wish) and exchange the appraisals with each other no less than five (5) days before the hearing.  Both of these appraisals will be presented at the hearing.  Again, if you do not provide an appraisal within the time allotted, your petition will be dismissed.


See the Petition FAQ page or contact us using the contact info below.


Phone: 651-266-2131