BERNALILLO COUNTY, N.M. — Bernalillo County Assessor Damian Lara says a recently filed class action lawsuit stems from misrepresentation and incomplete trust filings by legal counsel, not unlawful action by his office.
The lawsuit, filed in December 2025 in the Second Judicial District Court, claims hundreds of homeowners saw sharp property tax increases—known as “tax lightning”—after transferring properties into revocable living trusts. Plaintiffs include former Bernalillo County District Attorney Kari Brandenburg and Edward Roberts. They argue the Assessor’s Office violated New Mexico’s 3% valuation cap by treating trust transfers as ownership changes, which state law does not consider a sale.
Lara says the issue primarily involves trusts that failed to meet statutory requirements to keep the cap, such as naming only the transferor, spouse, or child as beneficiaries. “This is a clear case of property owners wanting to convey their property into a Living Trust—not being properly represented,” Lara said. He added that of roughly 2,000 properties transferred into trusts in 2024, only 96 are named in the complaint, and many have already settled through protests, lowering tax bills…