Posted on 05/30/2008 7:14:42 PM PDT by george76
A Denver District Court judge ruled today that Gov. Bill Ritter's controversial mill-levy freeze is unconstitutional.
"However well-intentioned and commendable the purpose and consequences ... this Court must be concerned only with enforcement of the Colorado Constitution," District Court Court Judge Christina Habas ...
A group of taxpayers, organized by the conservative Independence Institute, filed suit late last year against the Colorado Department of Education, arguing that the property-tax freeze amounts to an unconstitutional tax increase because voters did not directly approve it.
"All that's required to raise taxes in this state is to ask first. Only the most arrogant do it without asking," said Independence Institute President John Caldara
"That's huge. The governor's entire budget is built around this mill levy freeze,"
(Excerpt) Read more at denverpost.com ...
Fine, but how did the gubmint raise the actual amount levied? I just need to be refreshed on that, the article excerpt didn’t explain. Thanks.
Is this what happened?
The property tax rates were supposed to decline because of lower home prices. But the Governor "froze" the rates so the homeowners were actually paying more taxes for the current value of their homes. And hence, this act was consider an illegal attempt to raise taxes without representation?
Did I get it right?
Is Ward Churchill still teaching??
Colorado law requires that property tax revenue should be neutral per taxing district unless the local voters vote otherwise.
For example, if a school district has inflation of real estate prices of 10 percent, then the mil ( tax rate ) is to drop by 10 percent. The school district would still receive the same dollar amounts, year to year. The taxpayers would pay the same dollar amounts, year to year.
The governor froze the mil so that inflation would automatically raise more taxes each year without voter approval.
Ward is not teaching ( no classes ) , but he still is getting his salary and benefits from the tax payers.
Oh, okay. Still doesn’t make sense, but it sounds like a Demwit scam. Impeach? Recall?
Yes.
Ritter even admits that the goverment could raise tons of new revenue without voter approval.
With rising real estate prices, the mil ( tax rate ) should decline by the same percentage so that the taxing district is revenue neutral ( unless the local voters approve a change by a direct vote ).
Commercial property tax rates are three times residential; thus the cost of food, clothing, lodging, and gas is impacted as these new taxes are passed on to the customers / tax payers.
” this act was consider an illegal attempt to raise taxes without representation?”
That's it! Tonight we ride on this fool and throw his tea out in the harbor...
The mil is to float compared to inflation in TABOR so that the government does not get a windfall as property values go up.
It is one way to force politicians to get voter approval on property tax increases.
Maybe I am not explaining this well ?
Well intentioned my a$$. I guess despite their best efforts, they couldn't find a way to uphold it. In any case, a great ruling.
Ritter’s spokesman, Evan Dreyer, said the state will appeal the ruling to the Colorado Supreme Court and also ask for a stay of the ruling so that the state can continue to collect revenue from the mill-levy freeze in the next fiscal year.
“It’s not a surprise,” Dreyer said. “We knew all along that this was going to be decided by the Supreme Court, regardless of what happened at the district court level.”
Dreyer said the state’s appeal would come “fairly quickly.”
http://www.denverpost.com/news/ci_9434189
We are entitled to the peasants money and we intend to have it.
What happens if RE values decline?
Ritter and his fellow travelers are grabbing as much of our money as they can.
They have increased fees almost everywhere.
Wordsmithing fees are not taxes !
/s
Taxes are up, fees are up, regulations are up, freedom is down. Democrats must be back in charge.
In theory, if your specific RE value goes down then one’s tax bill should go down.
But you likely would have to protest it to the county assessor, then the county commissioners, then...
They also do unfunded mandates.
Democrats must be back in charge.
Wow, a “non-activist” judge.
I didn’t think they made those anymore.
(Different source)"We're really a little surprised at her ruling," said the spokesman, Evan Dreyer. "We remain confident in our position. (The tax freeze) was the right thing to do last year for the kids of Colorado, for the schools of Colorado and for the fiscal health of the state education fund," he said.
Forget the law. Forget the (a) Constitution. It's "the right thing to do". And naturally it's always "for the children".
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