Exploring Non-Binding Arbitration for Clayton County Property Taxes

Non-binding arbitration is one of the options available to property owners in Clayton County, Georgia, who wish to appeal their property tax assessment after an initial disagreement with the Board of Tax Assessors. It serves as an alternative to the Board of Equalization (BOE) or a Hearing Officer (for properties valued over $500,000).

This method offers a structured but less adversarial route that can sometimes lead to resolution without a full court proceeding.

1. 📝 Eligibility

• You may elect non-binding arbitration as your preferred appeal method when you initially file your appeal using the PT-311A form with the Clayton County Board of Tax Assessors.

• This method is only available for appeals based on value (fair market value disputes)—not uniformity or denial of exemptions.

2. ⚙️ The Process

a. Initial Appeal Filing

• You must file your appeal within 45 days of the date on your Annual Notice of Assessment.

• On the PT-311A form, check “Arbitration” as your chosen appeal method.

b. Provide a Certified Appraisal (Owner’s Responsibility)

• Within 45 days of filing your appeal, you must submit a certified appraisal of your property.

• This appraisal must:

  • Be completed by a Georgia-licensed or certified real estate appraiser.

  • Reflect the fair market value as of January 1 of the tax year.

• You are responsible for the cost of the appraisal.

⚠️ Important: If you fail to submit the appraisal within 45 days, your arbitration appeal may be dismissed unless you notify the Board in writing that you wish to switch to the Board of Equalization (BOE) process.

c. Board of Tax Assessors' Review

• The Clayton County Board of Tax Assessors has 45 days from receipt of your appraisal to:

  • Accept your appraised value (your appeal is resolved).

  • Reject your appraisal (the appeal is certified to the Clerk of Superior Court for arbitration).

  • Fail to act (your value becomes final by default).

d. Appointment of Arbitrator

• The Chief Judge of the Clayton County Superior Court will issue an order to begin arbitration.

• If both parties agree, a single arbitrator is chosen.

• If not, the judge appoints one.

e. The Arbitration Hearing

• The arbitrator will schedule a hearing.

• Both sides (you and the County’s representative) present their valuations.

• The arbitrator must choose either the County's value or your value—they cannot assign a value in between.

f. Cost of Arbitration

• The party whose value is furthest from the arbitrator’s final determination must pay the arbitrator’s fees and costs.

3. 📜 Non-Binding Nature

• The arbitrator’s decision is non-binding, meaning either party can appeal it to the Superior Court of Clayton County within 30 days.

• The case then becomes a formal legal proceeding, and the Superior Court reviews the matter de novo (from the beginning).

✅ Advantages of Non-Binding Arbitration

• Independent valuation by a certified appraiser.

• Potential for quicker resolution than Superior Court.

• Less formal than full litigation.

❌ Disadvantages of Non-Binding Arbitration

• Upfront cost of a professional appraisal is required.

• You may have to pay the arbitrator’s fee if your value is further from the arbitrator’s decision.

• The result isn’t final—either party may escalate the dispute to Superior Court.

💡 Should You Choose Arbitration?

Before choosing this route in Clayton County, ask yourself:

• Is my valuation well-supported and professionally appraised?

• Am I willing to bear the cost of the appraisal and possibly the arbitration fees?

• Would I rather resolve this outside of a BOE hearing?

• Am I prepared to escalate to court if needed?

Non-binding arbitration can be a strategic option for property owners with strong evidence of overvaluation and the resources to pursue it.

📚 Resources – Clayton County Property Tax Arbitration

• Clayton County Board of Tax Assessors
  Appeals, forms, and valuation info

• PT-311A Property Tax Appeal Form (Statewide)
  Required to initiate an appeal and select arbitration

• Georgia Real Estate Appraisers Board – Appraiser Lookup
  Find licensed appraisers to assist with certified valuation
  

• Clayton County Superior Court
  For appeal of arbitration decisions to court