The state Supreme Court struck
down a state law Monday that allowed counties to cap increases in
properties' taxable values.
The law, enacted in 2000, let each county council vote to cap
increases in properties' taxable values at 15 percent. It was seen
as a reaction to a spate of reassessments statewide in which
property values were doubling and tripling.
In a 5-0 unsigned opinion, the
court struck down the cap because each county could choose whether
to apply it, while the state constitution requires statewide
uniformity in assessment. Charleston is the only county that adopted
the cap.
The case before the court did not address the issue of whether
there can be a statewide limit on how much property values increase
during a reassessment. Last year, the legislature approved a bill
that would have capped increases statewide at 20 percent, but it was
vetoed by Gov. Mark Sanford, who said the bill would violate the
state constitution's requirement that tax assessments be based on
fair market value.
One legislator said Monday's court ruling could breathe new life
into this year's attempts to overhaul the state-mandated system of
property assessments and taxes. But House Ways and Means Committee
Chairman Bobby Harrell said any new law might be difficult to pass
before the legislature adjourns June 2.
"It probably improves the chances of legislation being passed
because we're back to square one in solving this problem," said the
Charleston Republican. "Whether you can get it passed in the next
two months or not, I don't know."
THE RULING
In July 2002, Charleston County Council voted to adopt the cap,
after a court had struck down a limited version of the cap that the
county had tried to implement. The city of North Charleston then
sued to block the measure, saying it would unfairly burden city
residents.
A special judge appointed by the Supreme Court later said the cap
should be ruled unconstitutional, which the high court confirmed in
its ruling Monday.
The city of North Charleston challenged the 15 percent cap
Charleston County proposed because it would have "adversely affected
90 percent of our residents," said J. Brady Hair, an attorney who
represented the city.
A cap helps people whose property values are increasing rapidly,
but hurts others in the same county who pay a higher tax rate to
compensate for others' below-market values, Hair said.
State law requires each county to reassess all properties once
every five years to reflect fair market value, a process Beaufort
County completed last year. Of parcels in Beaufort County that
include land, 62 percent had their taxable values increase by more
than 40 percent.
Beaufort County Council considered implementing the cap but
decided to wait for the high court to rule. The county delayed
reassessment -- which originally was supposed to take effect in 2003
-- until last year, hoping the court would rule in the meantime.
While County Council was waiting for the court's decision, a
study from Clemson University concluded the cap would just shift the
tax burden to people who own lower-valued properties.
NEW EFFORTS
Although Sanford thwarted their efforts last year, some state
lawmakers are again trying to overhaul the property assessment and
taxation system.
Rep. Richard Chalk, R-Hilton Head Island, is sponsoring a bill
that would cap increases in actual tax payments at 15 percent. Local
officials have worried that the bill could create a headache in
setting a tax rate that would be applicable countywide under such a
system.
Chalk said the court's ruling shouldn't affect the odds for his
bill to become law, since his bill would take effect throughout the
state.
Harrell said his staffers are researching whether Chalk's bill
would be constitutional. If he thinks the bill is "constitutional
and feasible," he will support it, he said. A subcommittee is
expected to discuss various bills dealing with property taxes next
week.
Rep. Bill Herbkersman, R-Bluffton, also is pushing a bill that
would allow those counties that conducted reassessments last year --
including Beaufort -- to throw out the 2004 reassessment until the
state adopts a new system. It's unclear how the court ruling would
affect that bill, and Herbkersman could not be reached for comment
Monday.