Free Website Directory Politics Alabama: Lawsuit Seeks To Remove Limitations On Property Taxes

Friday, February 4, 2011

Lawsuit Seeks To Remove Limitations On Property Taxes

I don't know if you're aware of this or not, but you should be. A lawsuit is in progress (and has been since 2008) that seeks to remove the limitations on property tax rates that are currently contained in the Alabama Constitution. They seek to prove that these limitations are racist and discriminatory in nature, and that they prevent minority children from receiving a good education.

You can find the original complaint here:
http://knightsims.com/pdf/08_03_20/complaint_filed.pdf

This new civil action seeks to provide an appropriate judicial forum for the claims this Court held were beyond the scope of issues properly considered in Knight v. Alabama. The sole purposes of the instant action are to obtain a declaratory judgment that the property tax restrictions in the Alabama Constitution this Court has already found to be purposefully discriminatory violate Title VI of the Civil Rights Act, 42 U.S.C. § 2000d et seq., and the Constitution of the United States and to seek a prohibitory injunction against their future enforcement.

Plaintiffs do not ask this Court to oversee reform of Alabama’s property tax system, its system for raising revenue for public education, or the adequacy of its funding of the system of public education. As stated by the Alabama Supreme Court and the U.S. Court of Appeals, tax reform and the provision of adequate education funding are the responsibility of the legislative branch of government.

If this Court grants the relief requested herein, the Governor and Legislature of Alabama will be able to carry out these vital legislative functions free of the purposefully racially discriminatory barriers placed in the state constitution.

The basis of their claim is this. The Alabama Constitution limits the amount of property taxes that can be levied, and also requires a vote of the people before they can be raised. They claim that this limits the amount of money that can be spent on education and discriminates against poor, black children.

If they win, all such limits disappear, and cities and counties, not to mention the state, are free to raise property taxes as they wish. No limits. No approval by the voters required. And we all get to watch our property taxes skyrocket while the quality of our education system stays exactly the same.


So, are there any questions? Yes? You in the back, with the green sweater.

Q: How can a constitutional provision that limits the amount of property taxes leveled on every Alabama resident be discriminatory to some of those residents?

A: Good question, I wish I knew the answer. Whoops.. I mean, you should be ashamed of yourself for thinking of the law instead of all those poor kids who could be better educated by all the new money in tax revenues.

Next question. Right up front here, with the glasses.

Q: What will happen to our tax rates if the constitutional limitations are lifted?

A: Good question. Some experts project that property tax rates in some areas could quickly rise to as much as 10 times what they are today.

Next question. You, with the voice-activated tape recorder.

Q: Analyses of school funding over time has shown that, as funding rises for schools, the quality of the education provided hasn't changed a bit. Why should we be happy about paying so much more in taxes for no gain?

A: I don't think you're taking this problem seriously enough. Next question?

What? No more questions? Okay, then, we'll move on to the next subject: Why has nobody bothered to start a chapter of "Overspender's Anonymous" specifically for lawmakers?

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