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Affordable Housing in Keene, and starving the beast.

Started by Mark_FTL, December 29, 2006, 08:48 AM NHFT

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Ruger Mason

Tax credits and exemptions are unconstitutional (NH).  Yes, there are a bunch of them on the books, but they are illegal because they are, by their very definition, non-proportional rates.  It hasn't been challenged in the courts, but I would suspect that anyone choosing to do so would have a very good shot at exemptions and credits overturned.

[Part 2.] [Art.] 5. [Power to Make Laws, Elect Officers, Define Their Powers and Duties, Impose Fines and Assess Taxes; Prohibited from Authorizing Towns to Aid Certain Corporations.] And farther, full power and authority are hereby given and granted to the said general court, from time to time, to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions, and instructions, either with penalties, or without, so as the same be not repugnant or contrary to this constitution, as they may judge for the benefit and welfare of this state, and for the governing and ordering thereof, and of the subjects of the same, for the necessary support and defense of the government thereof, and to name and settle biennially, or provide by fixed laws for the naming and settling, all civil officers within this state, such officers excepted, the election and appointment of whom are hereafter in this form of government otherwise provided for; and to set forth the several duties, powers, and limits, of the several civil and military officers of this state, and the forms of such oaths or affirmations as shall be respectively administered unto them, for the execution of their several offices and places, so as the same be not repugnant or contrary to this constitution; and also to impose fines, mulcts, imprisonments, and other punishments, and to impose and levy proportional and reasonable assessments, rates, and taxes, upon all the inhabitants of, and residents within, the said state; and upon all estates within the same; to be issued and disposed of by warrant, under the hand of the governor of this state for the time being, with the advice and consent of the council, for the public service, in the necessary defense and support of the government of this state, and the protection and preservation of the subjects thereof, according to such acts as are, or shall be, in force within the same; provided that the general court shall not authorize any town to loan or give its money or credit directly or indirectly for the benefit of any corporation having for its object a dividend of profits or in any way aid the same by taking its stocks or bonds. For the purpose of encouraging conservation of the forest resources of the state, the general court may provide for special assessments, rates and taxes on growing wood and timber.

eques

Quote from: Ruger Mason on January 02, 2007, 03:15 PM NHFT
Tax credits and exemptions are unconstitutional (NH).  Yes, there are a bunch of them on the books, but they are illegal because they are, by their very definition, non-proportional rates.  It hasn't been challenged in the courts, but I would suspect that anyone choosing to do so would have a very good shot at exemptions and credits overturned.

What about a 99.999% reduction in rate?  ;D

error

One of the judicial pieces of trickery you'll have to get around is that they'll say only someone who gets the exemption can challenge it in court. Who would do such a thing?

Spencer

Quote from: HardyMachia on January 02, 2007, 03:02 PM NHFT
I have no problem with a school property tax break based on age because that 80-year-old probably hasn't had kids in the government school system for 40 years, but they should still be paying for the local government taxes.

So can childless people who never plan to have kids get this exemption?  What about parents who homeschool?

cathleeninnh

Quote from: error on January 02, 2007, 06:35 PM NHFT
One of the judicial pieces of trickery you'll have to get around is that they'll say only someone who gets the exemption can challenge it in court. Who would do such a thing?

That doesn't make sense. Isn't it the person who is actually screwed the one who has standing and can bring suit?

Cathleen

Ruger Mason

Quote from: cathleeninnh on January 03, 2007, 09:44 AM NHFT
Quote from: error on January 02, 2007, 06:35 PM NHFT
One of the judicial pieces of trickery you'll have to get around is that they'll say only someone who gets the exemption can challenge it in court. Who would do such a thing?
That doesn't make sense. Isn't it the person who is actually screwed the one who has standing and can bring suit?

You're right.  I think just about any taxpayer could bring this lawsuit.

I have thought about bringing this lawsuit myself, since I'm one of those who has to make up the difference.  But this is playing with fire.  Should exemptions be overturned and all the elderly and veterans lose their exemptions, it would give new fuel to the income taxers, making an income tax all but inevitable.

FrankChodorov

Quote from: Ruger Mason on January 03, 2007, 09:49 AM NHFT
Quote from: cathleeninnh on January 03, 2007, 09:44 AM NHFT
Quote from: error on January 02, 2007, 06:35 PM NHFT
One of the judicial pieces of trickery you'll have to get around is that they'll say only someone who gets the exemption can challenge it in court. Who would do such a thing?
That doesn't make sense. Isn't it the person who is actually screwed the one who has standing and can bring suit?

You're right.  I think just about any taxpayer could bring this lawsuit.

I have thought about bringing this lawsuit myself, since I'm one of those who has to make up the difference.  But this is playing with fire.  Should exemptions be overturned and all the elderly and veterans lose their exemptions, it would give new fuel to the income taxers, making an income tax all but inevitable.


so why give exemptions rather than liens to be paid at title transfer (sale or death) for those living on a fixed income?

and better yet why not shift taxes off of buildings and onto land value and then give a $50K homestead exemption (owner occupied) with the balance to be paid at title transfer (sale or death)

housing prices will come down and jobs will be created...

FrankChodorov

Quote from: d_goddard on January 02, 2007, 02:31 PM NHFT
Quote from: FrankChodorov on January 01, 2007, 10:28 AM NHFT
Concord has some of the most generous tax exemptions in the state, knocking nearly $190,000 off the property assessments of residents aged 80 and over.
Holy cow, I *totally* gotta get my Dad to move in with me!

you would have to sell your house to him...

FrankChodorov

Quote from: HardyMachia on January 02, 2007, 03:02 PM NHFT
I have no problem with a school property tax break based on age because that 80-year-old probably hasn't had kids in the government school system for 40 years, but they should still be paying for the local government taxes.

and the 80 year olds paid for his kids when they were in school...

anthonybpugh

I had a dream too.  Though in my dream I was playing the lead role in a live action movie of Captain Caveman.  Unga bunga.