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Summer ruling on property tax cap appears likely.


For 14 years, landowners in California have not had to worry about their property tax bills climbing more than 2 percent each year. But that may change if Stephanie Nordlinger has her way.

The Baldwin Hills homeowner has convinced the U.S. Supreme Court to review the constitutionality of California's property-tax cap, created by the 1978 Proposition 13 constitutional amendment.

Arguments in the Stephanie Nordlinger v. L.A. County Assessor Kenneth Hahn Kenneth "Kenny" Frederick Hahn (August 19, 1920–1997) was a member of the Los Angeles County Board of Supervisors for forty years from 1952 to 1992. Prior to his election, Hahn served on the Los Angeles City Council.  case were made before the high court in February. A ruling is expected this summer.

According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 real estate lawyers, the future of Proposition 13 is at stake. That means homeowners, business owners, real estate investors A real estate investor is someone who actively or passively invests in real estate. An active investor may buy a property, make repairs and/or improvements to the property, and sell it later for a profit.  and millions of other California landowners might lose Proposition 13's power to minimize their tax liability.

Proposition 13 lowered the tax rate to 1 percent of assessed value. That value, under Proposition 13, was also rolled back to 1975 market rates and only allowed to rise a maximum of 2 percent (an inflation adjustment) each year.

The assessor's office has estimated the ramifications ramifications nplAuswirkungen pl  if Nordlinger wins, and the high court strikes down this assessment schedule and orders the Assessor's Office to hike all assessments up to current market value: In L.A. County, roughly $300 billion would be added to the local tax roll. And if the 1 percent rate were preserved, which attorney's say is a possibility, an ocean of new taxes would result.

According to the assessor, if they strike down the assessment schedule but keep the 1 percent rate, on average:

* Home assessments would rise from $132,000 to $239,000 (a $1,070 annual tax hike);

* Apartment complex assessments would climb from $257,000 to $417,000 (a $1,600 annual tax hike) per parcel; and

* Commercial and industrial parcel assessments would rise from $617,680 to $1 million (a $3,823 annual tax hike).

While the issues concerning business property are significant most of the public attention has gone to residential landowners, because homeowner Nordlinger focused the challenge on her own experience.

According to court papers, in November 1988 Nordlinger bought a 1,100-square-foot house in the middle-class Baldwin Hills section of L.A. County for $170,000. Her first tax bill amounted to $1,700 a year, or 1 percent of the sales price.

Her neighbors who had very similar homes, however, were paying about $375 annually, because their homes carried 1975 base values, the base year for Proposition 13. Their homes carried old assessments because, under Proposition 13, values are reassessed only in certain cases, and changes in ownership is one of them.

Nordlinger sued the assessor, claiming Proposition 13 violated the Equal Protection Clause The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall… deny to any person within its jurisdiction the equal protection of the laws.  of the 14th Amendment to the U.S. Constitution. In their brief to the high court, Nordlinger's attorneys claimed that newly purchased property carries "a disproportionate share" of the property tax burden, up to 17 times more than comparable property held by longtime owners.

The tax system that creates this dynamic has been labeled a "welcome stranger The Welcome Stranger was the name given to the discovery of a large gold nugget, measuring 61 cm by 31 cm, discovered by John Deason and Richard Oates at Moliagul, Victoria, Australia on February 5, 1869 about 9 miles north-west of Dunolly. " scheme by assessors and real estate lawyers, because over time it shifts the overwhelming majority of increases in future property tax revenues onto new buyers ("strangers") who are "welcomed" to come and pay higher taxes into government treasuries.

Nordlinger, not surprisingly, cites homes in the vastly appreciated Ocean Park district of Santa Monica Santa Monica (săn`tə mŏn`ĭkə), city (1990 pop. 86,905), Los Angeles co., S Calif., on Santa Monica Bay; inc. 1886. Tourism and retailing are important, and the city has motion-picture, biotechnology, and software industries.  to press her case: A 1989 homebuyer home·buy·er  
n.
One who is in the process of buying a home.
 there will pay roughly $51,000 over the ensuing en·sue  
intr.v. en·sued, en·su·ing, en·sues
1. To follow as a consequence or result. See Synonyms at follow.

2. To take place subsequently.
 decade, compared to $3,000 for a owner of a similar house holding its 1975 assessment.

Other areas appreciated less since 1975, but they still sock a burden to the "stranger" many times higher. Assessor Kenneth Hahn's staff studied a cluster of 895 parcels in the Marina del Rey-Venice area and found a 12:1 ratio, but only a 4:1 ratio among 8,330 parcels in an L.A. district east of Inglewood.

Hahn's attorneys have fought Nordlinger's challenge and have prevailed in the lower courts.

Hahn's defense is that taxation is a sovereign power, reserved to the states by the 10th Amendment to the U.S. Constitution. And consistent with the balance of government power between federal and local interests, the U.S. Supreme Court has long declined to mandate a single method of taxation.

Hahn claims in his defense filings that one purpose underlying Proposition 13 is "to protect property owners from being taxed on unrealized appreciation in the value of their property -- i.e., to avoid the situation in which homeowners may be taxed out of their homes, or to prevent, what is equally disturbing, residents on fixed incomes from diverting so much of their resources to housing that they are unable to purchase adequate food, clothing and health care to ensure their continued welfare."

Key to the Nordlinger case are other reassessment Reassessment

The process of re-determining the value of property or land for tax purposes.

Notes:
Property is usually reassessed on an annual basis. You may request a "reassessment" if you disagree with your assessment.
 court decisions. In 1978, the California Supreme Court endorsed Proposition 13's acquisition-value scheme in Amador Valley Joint Union High School District v. State Board of Equalization In communications, techniques used to reduce distortion and compensate for signal loss (attenuation) over long distances. . That was the first major test of Proposition 13 and once and for all affirmed its soul, according to some tax-law experts.

On the other hand, the U.S. Supreme Court cast doubt over Amador when it struck down a "welcome stranger" scheme in West Virginia West Virginia, E central state of the United States. It is bordered by Pennsylvania and Maryland (N), Virginia (E and S), and Kentucky and, across the Ohio R., Ohio (W). Facts and Figures


Area, 24,181 sq mi (62,629 sq km). Pop.
. Nordlinger relies heavily on this 1989 decision, Allegheny Pittsburgh Coal Co. v. County Commission of Webster County, West Virginia Webster County is a county located in the U.S. state of West Virginia. As of 2000, the population is 9,719. Its county seat is Webster Springs6. Geography
According to the U.S. Census Bureau, the county has a total area of 1,440 km² (556 mi²).
. The invalidated in·val·i·date  
tr.v. in·val·i·dat·ed, in·val·i·dat·ing, in·val·i·dates
To make invalid; nullify.



in·val
 scheme, however, was not part of West Virginia's constitution, but one adopted informally by an elected assessor in West Virginia. The high court, in Allegheny, crafted a footnote that pointedly reminded that it was not passing judgment on California's Proposition 13.
COPYRIGHT 1992 CBJ, L.P.
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Copyright 1992, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:Quarterly Real Estate Special Report; Supreme Court to rule on the constitutionality of California's property tax cap
Author:White, Todd
Publication:Los Angeles Business Journal
Date:Apr 27, 1992
Words:927
Previous Article:Glendale ban ends as city considers new guidelines. (building moratorium over at Glendale, California) (Quarterly Real Estate Special Report)
Next Article:Workers, managers from different planets: Koreana Hotel's ex-staff, owners see nothing the same. (strike of former employees)
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