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Wednesday, May 24    |    Upstate South Carolina News, Sports and Information

County reassessment may go forward
Supreme Court could overturn legislation that would delay re-evaluation of Greenville's property taxes until next year

Published: Saturday, May 6, 2006 - 6:00 am


By Tim Smith
CAPITAL BUREAU
tcsmith@greenvillenews.com

COLUMBIA -- The South Carolina Supreme Court could overturn legislation in another month that would have delayed the implementation of property tax reassessment in Greenville County until next year, a state senator said Friday.

Greenville County lawmakers unanimously passed the legislation earlier this year because they said the Legislature was working on proposals changing the property tax and reassessment systems.

Gov. Mark Sanford vetoed the bill, arguing that it was unconstitutional and unnecessary. The state's Constitution, he said then, forbids the Legislature from enacting laws that affect only one county. Greenville County lawmakers unanimously overrode Sanford's veto.

Greenville businessman Ned Sloan agreed with Sanford and has filed a lawsuit, in conjunction with the S.C. Public Interest Foundation, against the Legislature in a move to overturn the legislation.

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The Supreme Court has agreed to decide the matter but stayed any action until the end of the legislative session June 1 to give lawmakers a chance to solve the problem using statewide legislation, according to a copy of the court's order.

Sen. David Thomas, a Greenville Republican who sponsored the legislation, said other lawmakers have objected to a statewide approach. That means the only hope of blocking implementation, he said, lies with the Greenville County Council, which has the authority to delay implementation but hasn't chosen to do so.

County Council Chairman Butch Kirven said the issue is complex and he sees no urgency.

"We need to make sure we make a sound decision based on the true facts, and we haven't yet analyzed that," he said.

He said he has asked staff to look at the pros and cons of delaying implementation in preparation for a discussion on the matter with council.

The bill came as a surprise to county officials when Thomas introduced it in January.

Thomas said the legislation may be overturned by justices after the session ends. He said without any action by the County Council, homeowners may see increases on their tax bills.

"If County Council refuses to act, then there's going to be a big increase that will end up being on the bond portion of people's taxes," he said. "That's a significant number."

Kirven said the council has several issues to consider in deciding whether to delay implementation.

"The matter of taxes is alive in the General Assembly," he said. "We're waiting to see what they do. We're not a party to the Sloan suit. We're not sure where that's going to go. There are so many questions out there right now. Action by County Council is not timely at this moment."

Kirven said about 22 percent of homeowners' tax bills comes from county operations and about 70 percent from school operations.

The Greenville County school board this week gave initial approval to a budget that would raise property taxes 4 mills, or $16 on a $200,000 home.

When a reassessment takes place, the rate can be rolled back and still generate as much or more money.

Lawmakers are still grappling with competing property tax relief and reassessment plans from the House and Senate. Neither, however, reduces or eliminates the school debt portion of homeowners' tax bills.

Sloan has acted as a government gadfly in recent years, filing a string of court challenges to agencies, the Legislature and even the governor.

One of his most recent suits challenged the current terms of three state highway commissioners, arguing the law does not permit them to serve as long as they have.


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