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CA Prop 13: State Appeals court overturns ruling in Orange County property tax lawsuit
AP via Sarasota Herald-Tribune, Fl ^ | March 27, 2004 | Associated Press

Posted on 03/28/2004 12:12:47 AM PST by heleny

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To: Amerigomag
I'll cough up the 30 bucks to find out if you'll promise to answer my online queries, after I've finished the book, as how your observations correlate to the topic under discussion on this thread.

Absolutely, but you don't have to commit to that yet. You can start with the online chapters. There is an email addy if you have questions. If I can't deal with it online you'll get a phone number. If you still have questions after that, I offer guided tours. The $30 is about covering costs. If you read the whole thing and still don't get it after making a sincere effort to resolve any questions, I refund the money. Frankly, so far, I have not had to pay a claim, but still have lost a bundle on the whole venture.

If you are serious about mastering these principles, I will do everything within my power to make certain you master them. They are transformational. I regard imparting them as a God-given responsibility attendant to what has been revealed to me and thus take all questions sincerely. We have been so brainwashed in our understanding of economics and government that I have real compassion for the effort necessary to break out of those perceptions. When it hits, there is one monstrous "oh, duh," moment, and you'll wonder why the hell it had to be so hard. You'll never see things quite the same way after that. BTW, by the time you are less than half done with it, you will understand why the tenth commandment comes in the second most important place in the list.

21 posted on 03/28/2004 11:39:47 AM PST by Carry_Okie (Environmental deregulation is critical national defense.)
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To: Carry_Okie
Done and thanks.
22 posted on 03/28/2004 11:49:22 AM PST by Amerigomag
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To: truth_seeker
Prop. 8 allowed downward reduction, if prices decline. I doubt the authors of Prop. 8 intended a permanent "windfall" benefit, when values TEMPORARILY declined.

I agree with you about Prop 8 being temporary. I would understand if the property assessment were allowed back to 102% of the previous high assessment (before a temporary decline because of Prop 8), but that wasn't the decision of either court.

Robert Pool's case is a very straightforward example, since his home price was flat for at least two years before suddenly increasing 4% (so it should not not involve any Prop 8 temporary decline). Should the new assessment be limited to 102% of the previous year's assessment, or should it be limited to 104% of the assessment two years earlier? I thought the intent of the 2% limit in Prop 13 was so that the owner's tax burden would not increase a large amount in one year. If in the intermediate years the property value was not increasing, why should the assessor get to apply 2% for those years?

It almost seems the assessor is assuming the value always increases 2% per year and he's giving you a (Prop 8 temporary) tax discount every year the true value increased less than 2%. I just can't agree with the appeals court decision.


CALIFORNIA CONSTITUTION
ARTICLE 13A (TAX LIMITATION)
SEC. 2. (b) The full cash value base may reflect from year to year the inflationary rate not to exceed 2 percent for any given year or reduction as shown in the consumer price index or comparable data for the area under taxing jurisdiction, or may be reduced to reflect substantial damage, destruction or other factors causing a decline in value.

23 posted on 03/28/2004 8:02:38 PM PST by heleny
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To: Amerigomag
A 2% average annual increase in propertry value cannot be considered confiscatory. The law was not designed to protect landowners from all risk or obligation. Absent any increase in taxes a landowner would still lose his land if business or other reverses rendered him unable to pay his taxes.

There's a balance to be struck between the needs of individuals and their obligations to society. Government costs money.

Keep in mind also the force driving these changes and stresses - population growth. People want to live somewhere. If land costs are too high housing construction dies, the economy dies, and people must live nowhere. They don't like that.

Our economy exists on growth. Without it we have chaos. There's a contradiction of course. Growth cannot continue exponentially and indefinitely in a world of finite resources. No one has a solution to that problem. Most people refuse to recognize its existance.

24 posted on 03/29/2004 7:24:11 AM PST by liberallarry
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To: Amerigomag
Well... I finally got off the dime and ordered up this book (I printed out the order form last December! lol). After reading this thread earlier, I was hoping I could just lurk and read your conversation with C.O. and learn something. But now... I'm hopin' maybe we can make it a discussion group... maybe in a month or two when I have time to start/finish the book. Any interest?
25 posted on 05/05/2004 10:55:31 PM PDT by calcowgirl
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To: heleny
The three 4th District justices sided with the county

Hahaha.... Surprise, surprise!
Like these corrupt scumbags were going to side with tax-paying citizens and rule against the government whose trough they have their snouts in? I don't think so....

26 posted on 05/05/2004 11:02:19 PM PDT by Lancey Howard
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