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2000
ANNUAL REPORT
TAX/LEGAL
Property Tax Committee Creates
Inroads on Key Issues
The WSPA Property Tax Committee had a busy and successful
year. Specifically, the committee, its subcommittees
and member companies made inroads on two important issues
in the property tax arena:
Memorandum of Understanding
("MOU") for the Determination of the Valuation
of Oil Producing Properties in California – Through
extensive negotiations, WSPA was able to reach an agreement
with the assessors of the major oil producing counties
in California (most notably Kern County) regarding the
methodology used to derive an oil price forecast for
property tax purposes for producing properties in California.
The proposed price selection methodology is felt to
be of major importance to industry, because it is an
objective, verifiable formula that is mathematically
determined, thus eliminating the subjectivity embodied
in the Assessors' past oil price projections. The method
will likely reduce the volatility of the Assessors'
oil price projections.
The Illegal Assessment of
Probable Reserves – The industry successfully
defended its position that assessing probable and possible
reserves for property tax assessment purposes is illegal.
The purchase of the Elk Hills oilfield by Occidental
in February 1998 thrust this assessment issue into the
limelight. California assessment practices have long
supported the industry’s position that the proper way
to value oil and gas producing properties for property
tax purposes is to determine the net present value of
the income stream derived from the known quantity of
proved reserves. However, the Kern County Assessor’s
Office enrolled an assessment for the Elk Hills properties
that included unproved reserves. Occidental appealed
the assessment before the Kern County Assessment Appeals
Board (AAB) and won. In November 2000, the Kern County
AAB issued their Findings of Fact in support of the
opinion of value, which was based on proved reserves.
The County has appealed to Superior Court. If Occidental
prevails, the County will have to decide if they want
to take their case to the appellate court level.
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