Section 14. In cases where the board finds that a taxpayer is being assessed disproportionately with respect to other properties within the same city or town, the board shall compute the measure of damages in the following manner:
(1) by computing an equalized tax rate by dividing the total taxes as assessed for that city or town for the year for which the finding was made by the fair cash value of the city or town, which shall in no event be higher than the equalized value as finally reported to the general court pursuant to section 10C of chapter 58 for that city or town in the year next preceding the year for which the finding was made.
(2) by applying the rate as computed in accordance with subsection 1 to the fair cash value of the property and thereby determine the taxes which should have been paid.
(3) by subtracting the amount of taxes which should have been paid from those actually paid or assessed.
In such cases within a city or town that has been certified for classification by the commissioner under the provisions of section 56 of chapter 40 and has implemented such classification system the measure of damages shall be computed on the basis of the tax rate of the class in which the property has been assessed or should have been assessed, as the case may be.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 58a - Appellate Tax Board
Section 1a - Quorum; Decisions by a Single Member of Board
Section 2 - Principal Office; Meetings; Hearings
Section 3 - Reports and Opinions; Publication; Sale
Section 5 - Traveling Expenses
Section 5a - Appointment of Employees; Expenditures
Section 7 - Appeals; Petition; Answers; Fees; Abatement
Section 7a - Informal Procedure
Section 7b - Small Claims Procedure
Section 8a - Discovery Procedure
Section 9 - Service of Process
Section 10 - Recording of Proceedings; Electronic Transcription; Costs; Waiver of Appeal
Section 11 - Oaths; Witnesses; Depositions
Section 12 - Costs; Witness Fees; Service of Process
Section 12b - Evidence of Fair Cash Valuation or Classification of Property; Admissibility
Section 12c - Appeals; Reports of Assessment Ratios; Admissibility in Evidence; Abatement
Section 12d - Electric or Gas Company Property; Abatement or Reclassification; Appeals
Section 13 - Findings; Decisions; Opinions; Reports; Appeals; Costs
Section 14 - Disproportionate Assessments; Measure of Damages