COLUMBIA--North Charleston City Councilman Sam
Hart's three-bedroom, one-bath house was the center of debate Tuesday in
the state Supreme Court as lawyers for North Charleston and Charleston
County battled over what a proposed tax reassessment cap might mean for
his Liberty Hill home.
North Charleston attorneys argued that if the 15 percent reassessment
cap County Council approved in 2003 were implemented, Hart's property
taxes would go up 28 percent, despite the fact that the actual value of
his 2,000-square-foot home has declined. City lawyers said Hart was among
93 percent of North Charleston residents who would face a similar negative
effect if the cap were implemented.
Charleston County lawyers argued that Hart pays less than many property
owners on the Sea Islands, such as Kiawah, yet all residents receive the
same services, from access to public parks and schools to fire protection.
County lawyers also said North Charleston residents would benefit from the
cap as home values continue to appreciate.
The five Supreme Court justices listened to the roughly hour-long oral
arguments, at times interrupting lawyers with questions. Some of the more
pointed questions, many fired off by Chief Justice Jean Toal, involved
whether the cap was constitutional. As part of that, justices questioned
if the cap provided equal treatment to similar people, which is required
by state and federal law.
It could be months before the court rules on the case.
The arguments are the final chapter in the debate over the reassessment
cap, which limits property-value appreciation to 15 percent during an
assessment year. Owners of properties that increased most in value,
including commercial property, pay less in taxes with the cap than they
would without it. Since those property owners pay less, owners of
properties that did not increase as much in value pay more.
County Council first implemented a cap in 2001 that applied only to
owner-occupied houses, prompting a lawsuit by several residents that went
all the way to the Supreme Court, which rejected it. Charleston County is
issuing $11.5 million in refunds to residents who overpaid.
In 2003, County Council approved a second cap, one that applied to all
businesses and homes. Council has waited to implement that cap until after
the courts decide whether it is legal. North Charles-ton's suit, many
hope, will provide a final answer to the question.
Charleston County Council Chairman Leon Stavrinakis said the county is
eager to know if the Supreme Court will uphold the cap or decide that the
state must amend its constitution first.
If the cap is legal, County Council's current plans are to use it to
help limit tax increases for those taxpayers whose property rises most in
value. Stavrinakis noted, however, that council has several new faces and
could change course.
"That ruling is probably the key and all-important first step in
deciding which direction we're going in," he said. "I think the
Legislature needs to know, too, because there's a lot of push and desire
to have some kind of property-tax reform."