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Post new topic Reply to topic  [ 4 posts ] 
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 Author: crow
PostPosted: Wed Sep 14, 2016 11:43 pm 
Image
"A renter gets to vote on an increase of my and other homeowners property tax, this isn't right" and he growled again "This just ain't right !!".

The County Commissioners and their attorney Abby Robinson would like us to believe it is so and all the department heads are ordered to repeat this. During my research for "Hit Us With Another Tax Increase Please Pt1" of Aug 26th I stumbled onto an astonishing thing that needed more research and verification. I started with County Attorney Robinson and after 3 tries to get her to explain her reasoning she told me to get a lawyer. I'm told that this issue came up at Tuesday's Town Council meeting that I missed.

The County is using provisions of the "Special Hospital District" Statute 4-48a-16 which applicable parts are quoted below but what is being used is: "if authorized by a majority of the qualified electors of the special hospital district voting on the question...", everybody can vote. But what is a "qualified elector"? One might say, as the County argues is that a "qualified elector" is any registered voter who is a resident of Grant County including all of its municipalities and villages. But we are talking about property taxes levied exclusively against property owners so we look elsewhere for a definition.

The New Mexico State Constitution Article VIII, Section 2B Page 94 seems to settle the question: property taxes are: "approved by at least a majority of the qualified electors of the taxing district who paid a property tax therein during the preceding year voting on such proposition".; only property owners who paid taxes in the previous year can vote to raise their property taxes.

Can a state statute or county/municipality ordinance override the constitution?

So is there a scam? The County thinks they rule supreme yet pledge allegiance to the US and then to the State constitutions at every meeting. In their cynical view do the hospital Board of Trustees and the County Commissioners, hoping that those who rent, even the poor and those on a limited fixed income, will vote pro because it does not affect them? The renter needs to know that they will pay the increase through an increase in rent.

This is not about previous mismanagement nor negligence nor the need for cash it is about transparency and fairness and legal procedure.

NM State Statute 4-48A-16. Special tax imposed for special hospital district.
A. In each special hospital district, the board of trustees may adopt a resolution calling for an election for the purpose of authorizing the imposition of an ad valorem tax on all taxable property within the special hospital district. The revenue from such tax shall be used for current operations and maintenance of hospitals, including hospital facilities owned and operated by the special hospital district or for hospitals operated and maintained by the special hospital district pursuant to an agreement with a political subdivision as provided in Subsection B of Section 4-48A-11 NMSA 1978, and to pay the operational costs of the special hospital district.
B. In the case of a special hospital district located wholly within one county, if authorized by a majority of the qualified electors of the special hospital district voting on the question........
C.
D. The tax authorized in this section shall not exceed four dollars twenty-five cents ($4.25), or any lower maximum amount required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978 upon any tax imposed under this section, on each one thousand dollars ($1,000) of net taxable value, as that term is defined in the Property Tax Code [Chapter 7, Articles 35 through 38 NMSA 1978], of all taxable property of the county within the hospital district for a period of time greater than four years. An election upon the question of continuing the levy may be called by the board of trustees immediately prior to the expiration of the period of assessment previously approved by the qualified electors.

NM State Constitution Article VIII, Section 2 Page 94 [Property tax limits; exception. NM State Constitution Article VIII, Section 2 Page 94
http://www.sos.state.nm.us/Public_Recor ... mconst.pdf

"Taxes levied upon real or personal property for state revenue shall not exceed four mills annually on each dollar of the assessed valuation thereof except for the support of the educational, penal and charitable institutions of the state, payment of the state debt and interest thereon; and the total annual tax levy upon such property for all state purposes exclusive of necessary levies for the state debt shall not exceed ten mills; provided, however, that taxes levied upon real or personal tangible property for all purposes, except special levies on specific classes of property and except necessary levies for public debt, shall not exceed twenty mills annually on each dollar of the assessed valuation thereof, but laws may be passed authorizing additional taxes to be levied outside of such limitation when approved by at least a majority of the qualified electors of the taxing district who paid a property tax therein during the preceding year voting on such proposition. (As amended November 3, 1914, September 19, 1933, and November 7, 1967.)"
N.M. Constitution, Art VIII Sec. 2. [Property tax limits; exception.]


To Read Pt 1 Click HERE


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 Author: elektron
PostPosted: Thu Sep 15, 2016 5:58 pm 
Crow, this story represents quite a bit of work on your part. I found it very useful. Thanks.


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 Author: Harry Browne
PostPosted: Thu Sep 15, 2016 11:35 pm 
Thanks, John! A question: Do we have a "special hospital district"? If so, where and how is it defined? Is it geographically identical to the county?


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 Author: crow
PostPosted: Fri Sep 16, 2016 9:24 am 
I haven't found a definitive answer to your question Harry but that seems to be the case.
Thanks elektron, indeed a lot of time.


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