DAY OF RECONCILIATION
I’ve got some more details to report on the property tax reconciliation bills that you are getting in the mail this week.
Marion County Treasurer Mike Rodman says while 90 percent of taxpayers will see a lower bill, it won’t be by much. In Washington Township some tax bills only dropped by $7, while others went up $991.
County wide, Rodman says the average decrease is $200, and that’s a rough estimate. Most of the increases though occurred in Center and Washington Townships.
Although tax bills are due July 10, Marion County did get a waiver to send out rebate checks before that date, which Rodman says will ease some of the pain. But out of the 300,000 tax bills sent out, 85,000 homeowners will not get a rebate.
Rodman also worries that many taxpayers may think the reconciliation bill is their Spring 2008 tax bill and they will forget that the tax relief provided by the General Assembly only applies to next year’s bills.
The irony of all of this has not been lost on Franklin Township Assessor Becky Williams. Williams says the assessors tried to warn the public that their bills would not change much and now they’ll get to see it for themselves.
She also says there are a number of appeals coming and claims apartments were over-assessed by millions of dollars.
I’ve also been told there are a number of tax protests coming and at least one is scheduled to take place in front of the Governor’s mansion.
June 11th, 2008 at 8:47 am
There’s a steady trickle of people piping up, saying ‘We told you your bill wouldn’t go down.’ They seem to think they’re telling us something we didn’t already know.
June 11th, 2008 at 9:22 am
Becky seems nice enough when she’s on your show.
But anyone who works for the township system is trying to protect their jobs. She may be perfectly qualified to do assessments, and quite competent.
But her township’s assessment roles are among the smallest the county. And she is captive to a system that’s outdated. She is not free to use another assessment system is she wants to.
It’s really pretty simple: there are too many layers. It’s too expensive. It’s flawed.
A single entity to perform assessments statewide, would add consistency. Which benefits us all.
If I truly owe $1500 more, and it’s based on a comparable system somewhat like the real estate market, then I can handle that. Show me some facts. Because I can show you many examples of failed assessments. Inconsistent on any basis: SF, neighborhood factor, improvements…without even mentioning the commercial fiasco.
Not bad math or poor workmanship. I don’t doubt the township assessors and their staffs are good people, or that they work hard.
But their command structure and the delivery method are outdated, seriously broken and antique.
And after this fall, when we can vote on this issue via referendum (which I traditionally detest, but…)…it will be crystal clear:
Hoosiers are fed up, Becky. Completely. You cannot defend the system. Start packing. Your skills are valuable in the private sector assessing world. You’ll earn more money, probably work less, and answer to real bosses–not voters, who can, admittedly, be fickle.
June 11th, 2008 at 9:35 am
Think Again, you need to re-ponder your comments. Your suggestions have no accountability. How we assess property needs, rather MUST be done by elected officials. Yes, there are vast improvements that need, rather MUST be done. Yet the smallest of Marion County Townships population wise is larger than most counties in the state. Yes, more than a couple of Marion Co. TA’s are incompetent and need to be shown the door, but not the elected office itself.
June 11th, 2008 at 9:44 am
At the risk of entering this subject again, it is not Becky’s fault for a failed system. In fact, she held an assessment clinic in Broadripple recently and offered advice and insight for anyone needing assistance. The STATE, the “DLGF” is the culprit. It is mean spirited to suggest assessors need to get packing. If anything, many are already being incorporated into County assessor offices as either employees or independent contractors doing the same functions for those areas falling under the threshold in those applicable counties. No one argues that some individual lazy and incompetent assessors failed in their job, but it is the assessment “system” that failed, and a ‘reassessment’ that we now know was flawed and being shoved down our throats because we’re told it is not financially ‘practical’ to have a do-over (again). Even if you whipped every assessor into submission, the problem would remain. The DLGF ‘certifies’ the assessments. The reassessment by Manitron remains problematic with the DLGF, but don’t expect the State to correct all the inherent horrors, because they need to get the bills out NOW, so they can send checks back to the taxing units that need to pay for services and reimburse the Bond Bank which is covering the debt. We already know this vicious cycle of pain will continue into next year and the forseeable future.
June 11th, 2008 at 10:18 am
Paul, don’t forget to place the blame where it REALLY belongs. This fiasco is entirely the fault of the citizens.
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Do you ever watch the Nanny? Our politicians are like the out-of-control children and their parents are like our overwhelmed homeowner citizens. We cannot allow our politicians to continue to dictate to us. WE are the parents.
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Question is will you give up short term discomfort, make the hard sacrifices to be a good parent to your politicians? How much do you want obedient law abiding politicians?
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It is OUR duty to keep our politicians on a leash. Don’t expect them to do it without our oversight. We could have won this war last year, but the people decided they’d rather go back to their lives and let other people deal with the problem.
It doesn’t work that way. Either people will do what it takes to get control of our government or they won’t.
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The Libertarians who led last years’ protests have the answers. We will explain the solution to you once more at the July 4th Rally.
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June 11th, 2008 at 10:44 am
Think Again, I am not trying to protect my job and you won’t get an argument from me that the system isn’t broken.
Several of us contributed to a “consolidation” plan that would have done away with elected township assessors and help to solve the assessment problems. It fell on deaf ears with the gov and the legislature. It wasn’t political enough for them. Marion County is a prime example of the problems caused by hiring a vendor to do the assessing. Of the 22 counties that a “re-do” was ordered in, 18 were done by vendors per the DLGF orders. Do we see a pattern here?
No Think Again, this has nothing to do with me keeping a job it’s all about taking politics out of the assessment world and a fair assessments for the taxpayers of this state.
June 11th, 2008 at 10:49 am
Becky, I’ve appreciated you more than you might know. Those vendors benefited nicely from that $1.3 million dollar reassessment in Marion county, didn’t they?
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The sick irony is that the very neighborhoods who fought hardest are the ones who are not getting the promised “relief”.
June 11th, 2008 at 11:00 am
The closest thing we can get to reform is destructive cuts to critical infrastruture or chasnging our attitudes to paying a large percentage of our income to municipal services.
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Basically, long term planning municipal planning and the current funding mechanism is so heavily flawed and full of unmitigated risk that we’re now locked into either damaging cuts or paying through the nose. Neither is sustainable.
June 11th, 2008 at 11:11 am
The Libertarians who led last years’ protests have the answers. We will explain the solution to you once more at the July 4th Rally.
Don’t forget, Melyssa, that it wasn’t just libertarians leading the charge, Greg Ballard was at a ton of those events, and yours truly even MC’d the “Black Sunday” rally. (I sure didn’t see a lot of democrats though)
June 11th, 2008 at 11:14 am
We have a mess on our hands folks and it’s a mess all over the place. We may agree on some issues and we may disagree on others depending on our political lean. But let’s be very clear we do agree on 80% of everything so let’s roll up our sleeves and get r fixed.
Don’t start the revolution with out me!
Peace
June 11th, 2008 at 11:38 am
Stock up on Vaseline, it’s going to be a long ride.
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This whole thing was laid out to take advantage of the election cycle. There are no elections in ’09 after that, they can tap-dance around the issue until 2012. Acceptable losses for the 2010 elections have already been calculated.
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This is the SAME song-and-dance they played in ’03. They just increased the price and sales tax per tune on the jukebox. All that they have accomplished is a new record for playing a broken record.
June 11th, 2008 at 12:31 pm
In a very real sense, yes, it is the individual taxpayer who is to blame. But placing blame on the victims won’t cure the problem. We do not further beat down a scantily clad rape victim who got gang raped, by telling her she should have a better dress code. Citizens are betrayed by failed promises from leaders of both major parties and need held accountable in November. I’m not convinced Ls, Ds, or Rs have been effective in the solution, since the problem remains.
June 11th, 2008 at 12:56 pm
Adam, I’ve never forgotten any of you and how you helped.
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But in all truthfulness Adam, you used the platform we built to do your campaigning for CCC. Greg Ballard also USED the platform we built and made it work for him. And we were happy to have you join with us. But not a single one of you did the hard work to create the platform.
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Since Greg’s inauguration, I’ve not heard a peep from him even though I’ve left message to talk with him regarding matters I think should be on his radar. I’m sure I’m being screened out as if I’m some kind of nut job.
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The fact is that many Libertarians bent over backwards to help the R’s.
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I lowered my standards step inside GOP headquarters to make phone calls for Ballard. Tom John, your GOP chairperson, didn’t have the basic civility or good manners to thank the volunteers who worked hard for his candidate.
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Tom John was also overheard saying that Greg will lose the election and that the R’s are only focused on the CCC races. He said it in front of Greg! So much for Republican county leadership, Adam.
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Your precious party is a nest of snakes in a filthy cesspool that is decaying and corrupt. (How’s that for a description?) While I appreciate that many of you want to work from within the party to clean it up, you never will.
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You can’t clean your party because you don’t have a 24/7 filtration system to keep the waters pure. Sparkling water comes by the constant filtration system of rule of law and personal honor.
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Other than Dave Bond, another ex-Republican Libertarian, it is unlikely anyone put in more time than me. And let’s be clear that I did not put in the time so I could win a CCC seat.
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I put the time in because I love my neighborhood, my neighbors, my state and the people here (in spite of the fact that they are too selfish and lazy to do what is necessary to control their government).
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WHen I set out on bicycle to organize my neighborhood to protest before the first rally, not a single soul would go with me, so I went ALONE.
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The bottom line is that our effort failed because people went home and stopped fighting around the time of the election. They did not want to make the sacrifice and felt it was easier to believe the same politicians who have lied to them for decades.
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The Libertarians are the ones with the answers, we’re the ones that stepped up to do what was needed when no one else knew what to do.
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The Republicans USED the platform built by Libertarians to gain trust from the electorate from their association with us. And that is fine. I just want to make sure we call this what it is.
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You weren’t there from the very beginning. I am the only one that was and only because I knew from Adul’s reporting what was happening. That’s how I knew what to do.
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Within a day of talking to Mark Rutherford (former state chair) about using the crisis to educate my neighbors at a rally, I was working closely with Sean Shepard and Andy Horning who stepped up to be speakers.
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It is the republicans and the democrats in our legislature, our school boards, and our city councils that have allowed the over spending and taxation crisis to happen over decades.
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So ask yourself, Adam. Should the people keep going back to a husband that beats them decade after decade because he says he will stop and not hit again? Or do you get the hell out of there?
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The Libertarians are here with the solutions. We welcome party defectors with open arms. We have no agenda other than to fix broken policy in Indiana and America and to teach citizens how they can participate in parenting their government. Our candidates are about personal freedom as well as small, accountable government.
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Keep doing what you have done, and you will continue to get what you always got.
June 11th, 2008 at 1:06 pm
patriot paul. It is mostly and “all of the above” like answer. You are right, but so are many of the other comments. In the end, it is the responsibility of citizenship to dictate the direction of our communities. It is not so much as placing the blame, but possibly highlighting where the solution rests. If we, the citizens, regardless of party affiliation, vote to show that change is “demanded” in how we are governed, then these political “lifers” are quite comfortable. Do you really believe our longest term legislators care? How many households, or businesses, or social clubs, would exist this long with such poor leadership. But rest assured, this same “lifers” will be reelected but the “machine” is set up, and it cranks out the results it was designed to deliver. Do you truly believe a Pat Bauer (and others both parties) could survive in a world where results mattered? Even their “real jobs” are linked to the political system. Unfortunately, it is going to take a major crisis for change to happen; unfortunately, a very major crisis.
June 11th, 2008 at 1:07 pm
Paul…the victims need to decide they are not going to be victims. You don’t stay with a husband that beats you decade after decade because he says he’s going to stop doing it and treat you better unless you are weak idiot.
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Where would our city be today had I allowed that liar Bart Peterson to victimize me?
June 11th, 2008 at 1:57 pm
points well taken
June 11th, 2008 at 2:19 pm
All good comments. And please, Becky, don’t take it personally. I read your proposed plan. It made more sense than the one we got, but it was DOA. Because that goofball Phil Hinkle, who oughta know better because he sells real estate, and similar Rep/Sen buddies wanted one thing more than they wanted relief:
They wanted to be able to use the solution, to beat up on Democrats.
Once we put aside the partisan advantages to be gained/lost, we can fix it for good. Until we do that, we won’t fix it.
Listen to Mitch. He thinks we fixed it. His campaign ads brag about the first meaningful reform since Otis Bowen.. I won’t go into the 1973 “reform” any more, except to say: it’s obvious a doctor planned it. The rest of us couldn’t afford it.
Professionals need to do assessment, responsible to one county-wide elected assessor. Period.
Anything less is just rearranging the deck chairs on the Titanic.
Where’s the bonfire July 4, Melyssa? I’ll be there.
June 11th, 2008 at 2:36 pm
….”it’s obvious a doctor planned it. The rest of us couldn’t afford it.”
That is the best line I’ve heard in awhile. Wish I had thought of it. 2 thumbs up.
June 11th, 2008 at 2:45 pm
Think Again, I’m way beyond taking any of this personal and yes, you’re right about Phil Hinkle. I do have to disagree with the “one county-wide elected assessor.” There is nothing professional about an elected county assessor. If you own any commercial or industrial property you are about to see how bad the so called professionals did it. I still say the consolidation/district plan is the best way to go.
June 11th, 2008 at 3:30 pm
Hey Melissa…didnt You USE Greg Ballard and any other GOP CCC candidate last summer? I dont remember you stumping as hard for the 20007 L Mayoral candidate to depose Bart Peterson as you did for Ballard last year. Why is that? Did you do as many phone calls for that guy as you did for Ballard?
Ironic, now that you chose to point out flaws about the GOP. Perhaps if you actually believed any of your candidates COULD win an election, well, perhaps WE might take the L party seriously.
June 11th, 2008 at 4:21 pm
You know why I didn’t support Fred Peterson, the Libertarian candidate?
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I didn’t support him because he didn’t work his ass off and Greg Ballard did.
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In fact Fred Peterson was gone all summer until at least August. Meanwhile Greg Ballard was everywhere there were people.
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Peterson didn’t work hard enough and he also did not have the executive experience of running a city…Greg did.
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I BELIEVED Sean Shepard could win the special election. Most people agreed he won the debates. I also BELIEVED that Andy Horning could win the 7th district Congress seat when he ran. The problem is that too many sheeple are so dumbed down they believe that the R’s and D’s and who has the most money is the answer.
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I’ve made far more calls on behalf of the Libertarians than I did for Greg…for the record.
June 11th, 2008 at 5:52 pm
Melyssa, I certainly didn’t support your platform but I must have mistaken! I thought it was about bringing a change. Next time, find another sucker, I’ll stay home.
June 11th, 2008 at 6:16 pm
Stay home, I really don’t care. If you don’t have enough courage to put your name with your opinion, what good are to society anyway?
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I can afford my taxes. This bill is far from breaking me, I don’t really have debt, I live within my means, and my assets are owned. However, many of my neighbors got royally screwed and cannot afford their bill.
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I don’t have to fight this fight. I don’t have kids, I’m very marketable, and I’m free as a bird.
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If the people don’t do what it takes this time to win, I’m done. I don’t throw good money after bad and I certainly don’t waste my time or play to lose. I play to win and if the people want to be suckered by their out-of-control government, that’s their choice. They shall get the exact government they demand.
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Just don’t whine about getting what you get from your government, “anonymous”.
June 11th, 2008 at 7:19 pm
I am hopeful that the anger is directed at the consolidation of township assessors into Marion county like the rest of the state. This will be on the ballot this coming election.
Additionally this will give more energy to the bipartisan Kernan Shepard recommendations that recommend further local government consolidation which both reduces costs, provides greater transparency, and increases accountability.
Kevin Brinegar, President, Indiana Chamber of Commerce disappointed about how the 27 proposals from the Shepard-Kernan report have been handled during the session.
http://www.insideindianabusiness.com/video-player.asp?id=7568
Kernan-Shepard would result $400 million in savings EACH year
http://www.insideindianabusiness.com/newsitem.asp?id=27617
June 11th, 2008 at 7:33 pm
The bipartisan government-reform panel led by Indiana Supreme Court Chief Justice Randall Shepard and former Gov. Joe Kernan recommend the elimination of 1,155 units of government and 5,833 fewer elected officials statewide saving $400 million each year.
Joe Kernan YouTube Video
http://www.youtube.com/watch?v=q_wNySFBAeM
June 11th, 2008 at 7:36 pm
Here is a review of Indiana’s property “tax cut” plan:
•Reduce the increase in tax deductible property taxes and shifts the entire tax burden to non-deductible sales taxes.
•This tax shift will not only increase the sales tax by 1%, but effectively increases homeowner’s federal income tax through the lost federal deductions.
•Increase the local income tax by up to 3.25%.
•The property tax reduction is phased in over a period of years (if at all), while the increase in the sales tax, local income tax, and federal income tax will take effect immediately.
•Property tax caps on businesses, landlord, and agricultural property effectively shifts the corporate property tax burden to consumers who pay income and sales tax.
•Reduces no government spending.
•Eliminates no duplicate or unnecessary layers of local government.
Don’t believe the “tax cut” and “tax cap” rhetoric mindlessly repeated by the media.
This tax shell game is a huge TAX SHIFT combined with a TAX INCREASE.
June 11th, 2008 at 7:43 pm
We were warned.
TAX SHELL GAME
http://www.journalgazette.net/apps/pbcs.dll/article?AID=/20080302/EDIT07/803020341/-1/EDIT
June 11th, 2008 at 9:31 pm
Becky, you’re just plain wrong. The Shepherd-Kernan Commission had it right. You are in the distinct minority and you’re about to find out just how few folks favor any plan that does NOT eliminate township government. It’s a dinosaur that needs to go.
One countytwide elected assessor to oversee the operation of professional assessors, is a great plan. And yes, at the risk of “blowing my cover,” I’ve been involved in the commercial real estate biz for a long, long time. Assessments here have been nuts for over 20 years. I’ve got clients who weep, clients who curse, and clients who want to throw up their hands and sell. They’d like two straight years with the same answers to the same questions.
Commercial landlords have had it. In retail, or triple-net leases, they pass along most tax increases to tenants, if the leases allow. And only on leased space–not vacant space (landlords eat that). But full-service leases, like offices, often have stopgap caps in place, so landlords, in effect, eat much of the increase.
Hell hath no fury like commercial landlords pissed off. If they ever get together and compare notes, they’ll make Melyssa’s 2007 rallies look tame. No offense, Melyssa.
But this homeowner will leave the commercial folks do boil in their own juices. They can mostly afford expensive representation. I’m concerned abot my home, and my daughter’s home, and the three rentals I own, all modest, all in this county…all valued at $105-120K, and taxed at (read this carefully): $1105 a year, $2234 a year and $2449 a year.
It’s nuts. I’m mad as hell and I’m not going to take it anymore.
By the by, Melyssa, think we could organize a protest at the homes of each of the Marion County legislators? I’m not kidding. Pat Miller ought to have her home picketed 24/7/365…she’s one of the problems who’s been around wayyyyyyyy too long. (This is just one of many reasons to picket her home–but it’s the best reason)
And I’d love to venture across the county line to find Cindy Noe’s house. Yeah, it’s personal. I want to see if she can read protest signs without a staffer to help.
By the by, just so you know that although I’m a Democrat, I’d not picket the homes of a few folks, notably, Sen. Kenly. He tried like hell and he’s relatively new.
And then if I had enough time, and wasn’t working an extra job to pay all these property taxes, I’d drive to Bremen and tell Doc Bowen to stick his 1973 plan where the sun doesn’t shine.
From the peaceful legal distance, of course, and with a protest sign.
June 11th, 2008 at 10:12 pm
Melyssa, tell the truth. I know someone who was invited to the Libertarian “Party” and was told to bring 10K with them. What kind of party of that? If that is what we had to do to participate in your platform I’ll pass. Clearly from what you said you can afford that, not all can. Of course you will deny, but that is what to be expected.
June 11th, 2008 at 10:29 pm
Boy is Cindy “I’ll just follow the elephant in front of me” Noe going to get a wake up call in November.
June 11th, 2008 at 10:55 pm
BTW You don’t have to cross the county line to find Cindy Noe. She lives in Marion County, Washington township. Let me know when we are going. No GOP caucus member to tell her what button to push.
June 11th, 2008 at 11:19 pm
“Where would our city be today had I allowed that liar Bart Peterson to victimize me?”
Why don’t you start by telling us just what has changed since then, Melyssa? Forget about where Indy isn’t. Where do you think it IS?
The change I’ve seen is the City even deeper in debt, townships going broke, schools in decline while we rob education for entertainment, the sewers downtown still aren’t fixed although we have shiny new bike lanes, and taxes continue to increase.
It’s uncouth to try to make it all about you when so very little of it is. You sure do know how to bang a big drum and work a grudge but you hardly personify positive change. Still, it is admirable how you’re willing to take responsibility for Indy’s downward spiral. Thanks. I guess.
June 11th, 2008 at 11:48 pm
A wonderful array of inputs. Here’s what I got. Be glad I’m not in charge of anything:
1) Cut state spending across-the-board, exluding public safety and senior benefits.
2) Implement Kernan-Shepard including eliminating the township layer. An appointed credentialed/professional head assessor per county with Becky as Assessing Goddess over all. Rotationally reassess every 4 yrs.
3) State Health Care minimal tier(if more affordable): minimal co-pay for adults who can’t/won’t pay for more a la’ carte items. Kids protected at current levels. Emergency care only for non-citizens.
4) Implement Lobbyist Reform or make life very irritable for Senator Riegsecker, Senator Simpson, or whomever is “affronted” this time.
5) Redistricting of state districts. I’m sold on TA’s explanation of CC reform and we’re not getting full-time or term-limited assemblymen.
6) Defund, transition, repeal or somehow tranform childbirth entitlement into child protection. A check in lieu of a family is a statistical, moral, and fiscal failure.
7) Pass Delph’s bill (fining illegal hiring only), if Arizona and/or Okla hold-up thru Surpreme Court.
8) Phase-out all TIFFs and tax abatements over five years.
9) Speed limit 55 mph. Gas stations closed Weds.
June 12th, 2008 at 6:21 am
Abdul cut me off again yesterday morning when I called in about this topic.
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Back in 2004, the government and the media were encouraging Hoosiers to vote to amend Article 10 of our Constitution to abolish the so-called ‘inventory tax’.
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Myself and others fought against this. Unlike most voters, we actually read the proposed language of the amendment. We ‘knew’ that the General Assembly would never cease taxing private residential homes. We ‘knew’ that the tax would shift to residential property owners.
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Alas, about 77 percent of the voters didn’t ‘get it’, and voted to ratify the illegal acts of government, and abolished the ‘inventory tax’ in November 2004.
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Illegal acts? YES! Our Indiana Constitution specifically forbade government from NOT taxing ‘inventory’. Both the Indiana Court of Appeals and the Indiana Supreme Court had stated that the General Assembly (and other government entities) did not have the authority to exempt the ‘inventory tax’.
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Back in 2002, the General Assembly began the ‘phase-out’ of the inventory tax. Anyone with the reading skill of a 1st grader would know that the Indiana Constitution prohibits government from enacting law that doesn’t draw its authority from our Constitution. I speak of Article 1, Section 25, to wit:
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“No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution.”
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Here is the pre-amended language of Article 10:
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Section 1. Property assessment and taxation
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Section 1. (a) The General Assembly SHALL provide, by law, for a uniform and equal rate of property assessment and taxation and SHALL prescribe regulations to secure a just valuation for taxation of all property, both real and personal. The General Assembly MAY exempt from property taxation any property in any of the following classes:
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(1) Property being used for municipal, educational, literary, scientific, religious or charitable purposes;
(2) Tangible personal property OTHER THAN property being held for sale in the ordinary course of a trade or business, property being held, used or consumed in connection with the production of income, or property being held as an investment;
(3) Intangible personal property.
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(b) The General Assembly may exempt any motor vehicles, mobile homes, airplanes, boats, trailers or similar property, provided that an excise tax in lieu of the property tax is substituted therefore.
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We see that the General Assembly “MAY exempt from property taxation any property in any of the follow classes…”
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We see that the General Assembly MAY exempt “tangible personal property OTHER THAN…” property which fell under the so-called ‘inventory tax’.
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So, the General Assembly violated our Constitution – and We the People, by ‘phasing-out’ beginning in 2002 – TWO YEARS before it became Constitutionally-legal to do so under the amendment of 2004.
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Government and the media lied to us. Abdul seemed to insist yesterday morning that they didn’t. Abdul maintains that some counties, including Marion County – failed to enact other measures that would have insured that the shift of inventory taxes didn’t fall upon residential property owners.
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Here is what our Indiana Courts have said on this matter:
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“Thus, the Legislature does not have the authority at all to exempt so-called inventory personal property.”
STATE BOARD OF TAX COMMISSIONERS OF THE STATE OF INDIANA v KEY MOTORS CORP, 404 N.E.2d 52, 15 May 1980
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“Rather than overturning the Lutz determination that the tax was an excise tax, the Wright court simply agreed with the Lutz Dissenters’ approach in finding that the legislature COULD NOT EXEMPT ANY PROPERTY from uniform and equal general property taxation under article 10, section 1 except property used for a municipal, educational, literary, scientific, religious, or charitable purpose.”
NDIANA DEPARTMENT STATE REVENUE ET AL. v.Felix, 571 N.E.2d 287, 16 May 1991.
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I don’t CARE what the mechanism was. What I do KNOW is that, regardless of the reason, the shift DID OCCUR.
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There is no one on this planet that can convince me that over 70 percent of Hoosiers KNOWINGLY voted for an increase of their property tax!!
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This is akin to the lie foisted upon the American people who were urged to ratify the Income Tax amendment of 1913. It was also the same lie that was foisted upon Hoosiers to ratify the amendment to Article 10 Section 8 (Income Tax) in 1932.
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I wish I knew why Abdul isn’t calling government out on the carpet for this.
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Mike Rodman also blamed the increased property tax on schools. I have addressed this matter in the past, but it bears repeating.
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Our Indiana Constitution at Article 8 Section 2 provides very specific funding methods for the support of our ‘common schools’. Following is the very specific list:
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Section 2. Common school fund
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Section 2. The Common School fund shall consist of the Congressional
Township fund, and the lands belonging thereto;
The Surplus Revenue fund;
The Saline fund and the lands belonging thereto;
The Bank Tax fund, and the fund arising from the one hundred and fourteenth section of the charter of the State Bank of Indiana;
The fund to be derived from the sale of County Seminaries, and the moneys and property heretofore held for such Seminaries; from the fines assessed for breaches of the penal laws of the State; and from all forfeitures which may accrue;
All lands and other estate which shall escheat to the State, for want of heirs or kindred entitled to the inheritance;
All lands that have been, or may hereafter be, granted to the State, where no special purpose is expressed in the grant, and the proceeds of the sales thereof; including the proceeds of the sales of the Swamp Lands, granted to the State of Indiana by the act of Congress of the twenty eighth of September, eighteen hundred and fifty, after deducting the expense of selecting and draining the same;
Taxes on the property of corporations, that may be assessed by the General Assembly for common school purposes.
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Thus, we see that the ONLY tax on property authorized by our Constitution is a tax “on the property of corporations…” There is no ‘blank check’ in this Article which could be construed to grant the General Assembly the authority to tax private residential property for the support of our common schools.
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Because the clear language above did NOT grant authority to the legislature to tax private residential property to support the common schools, and Article 1 Section 25 forbids lawmakers from enacting legislation which doesn’t draw its authority from our Constitution, then it’s quite reasonable to conclude that the taxation of private residential property for the support of our common schools is unconstitutional.
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Abdul doesn’t like to hear about our Constitution. He typically goes into attack mode when I bring our Constitution into any discussion. Since he is an ‘officer of the court’, this attitude of his confounds me.
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I’ve also asked Abdul to determine exactly what ‘new taxes’ the business community accepted to ensure the repeal of the inventory tax. He has refused to do so.
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What do I speak of? I offer the following link from the Post-Tribune authored by Mr.Kevin M. Brinegar, President, Indiana Chamber of Commerce, and Mr. Patrick J. Kiely, President, Indiana Manufacturers Association on 29 July 2007 titled “Setting record straight on businesses and property taxes”.
LINK: http://www.tribstar.com/opinion/local_story_209220831.html
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Here is the passage that I speak of: “Further, the business community accepted other taxes in 2002 in return for the repeal of the inventory tax, which now comprises only 4 percent of the statewide property tax levy.”
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This is certainly evidence that the business lobby was quite active at the Statehouse. So, what “other taxes” did the business community ‘accept’ in return for the repeal of the inventory tax? How could the business community possibly KNOW that the amendment would pass?
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They could reasonable presume it would pass if Hoosiers were mislead (lied to) by government and the media.
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I’ll close by saying this again: I will never be convinced that the voters of Indiana knowingly accepted the situation we are faced with today by repealing the inventory tax. Government lied in 1913. Government lied in 1932. Government lied in 2002. Government lied in 2004.
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Robert Cole (Robert-NW Side)
June 12th, 2008 at 8:38 am
“Speed limit 55 mph. Gas stations closed Weds.”
Nah. If you REALLY want fuel economy:
1) Create a special lane on I-465 reserved for motorcycles. OK not so practical but a biker can dream.
2) Pass a “lane share” or as some call “lane split”. This allows a motorcycle to occupy the space between two cars in adjacent lanes.
The UK and Europe allow “lane share” so when cars are queued up at a traffic light, a motorcycle can cruise in between the cars and get to the head of the queue. Light turns green and you’re riding away from the traffic.
June 12th, 2008 at 9:22 am
Excellent post, Robert.
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The followers and capitulators will try to tell you that nothing illegal is taking place NOW because the the Constitution was ammended. In their blind adherence to authority, they fail to recognize that the ammended law was orchestrated by private interests. The intent was to remove the historic and carefully considered tax requirement away from commerce and place them on the backs of the consumers.
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What Hoosiers are feeling now is the immediate fallout that results when elected officials are determined to answer to the highest bidder or to blackmail, rather than answering to the best interests of the people.
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Tar and feathers, people. Tar and feathers.
June 12th, 2008 at 10:18 am
Over the Whine…are you so naive that you think a new mayor can undo in 5 months what took decades?
Let’s look at it this way…our city government is far more open and friendly, the police are back under the mayor, our pension debt is taken care of, and the new mayor and his team are going over every last possible thing they can do to cut more taxes. Give the new guy time. Considering everything, he’s made remarkable progress in such a short time.
June 12th, 2008 at 10:20 am
Regarding the remark that the Libertarians require $10k to join, that’s simply not true.
When I decided to become involved, I called them up to volunteer. They never asked me for a cent and never really have. I don’t give much money directly to the party, but do I give as much money as I can directly to their candidates that I know will make good public servants.
June 12th, 2008 at 10:23 am
Think Again…you sound like someone that has a lot of energy for the cause. If you are really that mad, you need to fight for what you want. If you want to work, and I mean really work and commit to the long haul, call me.
You can organize protests anywhere you want and I agree, it is time we took protests to their homes.
June 12th, 2008 at 3:24 pm
Amen to Melyssa’s assessment of Ballard administration. And:
10) Independent audit (if realistically possible & trustworthy data not available) of school districts by county for departmental outlay in salary/benefits/headcount for teachers, adminstrators, & school board members relative to # of students served.
June 12th, 2008 at 5:18 pm
Taxpayer: an independent audit of school corps is not needed. School boards with balls–that’s what’s needed. They allow superintendents to lead them by the nose without asking tough questions.
As for Taxpayer’s list, Sen. Delph’s bill is nonsense. Always was, always will be. Oklahoma’s and Arizona’s laws may be upheld by the Supremes–who knows with this court? They’re nuts anyway. (I refer you to Exhibit A: Bush v. Gore 2000. A travesty)
It all overlooks one basic truth: if you’re born in this country, you’re a citizen. Period.
June 12th, 2008 at 6:30 pm
Ok My new tax assessment went up by 27%. My make up bill was the same as the 2007 bills. I am now paying a 1% more in sales tax. Where is my savings?
June 12th, 2008 at 7:02 pm
Sorry to hear that David. I really am.
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Are you ready to stop supporting R’s and end the cycle of abuse that resulted in your bill?
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Word is the Libertarian Party is prepared to accept defectors. The water is sparkling clean over here. Come on in!
June 12th, 2008 at 7:31 pm
Based on last Washington Twnshp school board elections, my guess is more a need of voters not succumbing to fear tactics, and $ to offset union and construction support. I respectfully disagree that good long-term economics will come from being overrun by low-income workers. They could be purple with green stripes and all Eagle scouts, but the difference would be if they were anesthesiologists, real estate brokers, and lawyers. I believe our collective tolerance would then change a bit.
June 13th, 2008 at 2:32 am
Ok folks; this problem can only be solved by repealing the onerous property taxes and going to a “fair tax” system. If we want any changes then vote out the current “Washington street Rocket scientist club” and replace them with a new group of legislators with their hands out to the lobbists. Better yet, ban all lobbists and just let them testify AFTER citizens do – no preferences for them. Also, we should insist that our elected officials enforce the Constitution. NOW.