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Ed Pipalski: Constitutional challenge to new City tax law

CM presents a contrary point of view: So far, Mayor Hardwick's proposed change in property taxes seems like the best hope for a turnaround in the fortunes of downtown Columbia. We don't like the heavy emphasis on lawing on people, and would remind those who do about the oft-ridiculed "Bee Law" - banning bees from inside the city limits because occasionally someone got stung. Anyway, this is Ed Pipalski's position, which raises some very valid points.
Comments re article 74413 Columbia City Council meeting 6 Apr 2015 Report

By Ed Pipalski

Dear Ed,

Could the City Council perhaps be pondering approving an ordinance in violation of the State Constitution and by extension their oath of office?

In my dealings as an investigator and inspector, we measure compliance against a measurable standard. In this case, the standard appears to be the Kentucky Constitution, Section 157. Unless I am mistaken or there has been a sudden surge in population growth of the City of Columbia, the city's population is about 3,000 people and the county about 21,000 people.

Here is the germane excerpt of the constitutional section in reference:
Kentucky Constitution, Section 157: The tax rate of cities, counties, and taxing districts, for other than school purposes, shall not, at any time, exceed the following rates upon the value of the taxable property therein:

- for all cities having less than ten thousand, seventy-five cents on the hundred dollars;

- and for counties and taxing districts, fifty cents on the hundred dollars.
Of course, Reagan had it right when he said:
"Government's view of the economy could be summed up in a few short phrases: If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it."
Surely another "work around" will be devised, but without the power associated with a tax lien for abandoned properties. --Ed Pipalski




This story was posted on 2015-04-10 06:50:40
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