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Texas Supreme Court rules property tax unconstitutional
Boston Globe ^ | Nov. 22, 2005 | April Castro

Posted on 11/22/2005 8:20:11 PM PST by FairOpinion

Texas school districts illegally tax property owners to pay for public education and the state must find a new way to fund schools by June 1 or classrooms will remain closed in the fall, the Texas Supreme Court ruled Tuesday.

Texas' highest civil court ruled that the property taxes for schools have become an unconstitutional statewide property tax and charged lawmakers with repairing the $30 billion funding system. State funding would be stopped if the deadline isn't met.

(Excerpt) Read more at boston.com ...


TOPICS: Business/Economy; Front Page News; Government; News/Current Events; US: Texas
KEYWORDS: propertytaxes; publicschools; ruling; schoolfunding; taxdollarsatwork; taxes; texas; texassupremecourt; texassupremes; youpayforthis
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To: CindyDawg

State et al will provide "general diffusion of knowledge" is in the Tx Constitution.


21 posted on 11/22/2005 8:49:36 PM PST by Smartaleck
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To: LibFreeOrDie

That is exactly what will happen here. When Perry appointed a commission to study the issue and calls for 'fairness' in funding, you know taxes are coming down the pike...ironically, Perry is all for a statewide toll turnpike, too. Thank goodness he's a conservative. Wouldn't know what to do if he were a liberal. /sarc

And of course with that idiot Strayhorn crying for him to call a special session so she and her pals in the Rat crowd can demand taxes to 'balance the budget' or some other b.s., this is going to be a nightmare for the RINOs in the Texas legislature, who will finally be forced to choose between pork reduction or tax reduction.

I like the ruling. What a great bunch of judges Texas has--they've forced the legislature to do its job for once! But you can bet they will choose raising taxes over pork cutting every time.


22 posted on 11/22/2005 8:51:16 PM PST by LibertarianInExile (Cowards cut and run. Marines never do. Murtha can ESAD, that cowardly, no-longer-a-Marine, traitor.)
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To: Smartaleck

Ok, thanks. I meant the U.S. Constitution though.


23 posted on 11/22/2005 8:53:43 PM PST by CindyDawg
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To: CindyDawg

It relegates it to the states or to the people to decide.


24 posted on 11/22/2005 8:54:53 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: LibertarianInExile

He can have his precious toll road if he will build us a new fence 1st.


25 posted on 11/22/2005 8:56:46 PM PST by CindyDawg
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To: LibertarianInExile

On the subject of judges, I recently had occasion to sit in on a Texas small claims court session. The most memorable moment was when the judge tossed out a meritless case with the comment of, "Are you high? Case dismissed. Next."


26 posted on 11/22/2005 8:58:50 PM PST by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: LibertarianInExile

Rather amazing that a self-labeled 'Libertarian' would be whining about tollways. Those are user-paid roads, instead of taxpayer-funded, so instead of taking money by force from every citizen to pay for them only those who CHOOSE to use them pay. The whole point of going to tollways is to get them built using minimal taxpayer-funding, the alternatives are to not build the roads(even though we have 4 of the fastest growing metro areas in the nation) or to raise taxes (the gas tax barely covers maintenance, and even if all that has been diverted to schools is put back into roads, it isn't enough to meet demand.)

If private medicine is better, if private schools are better, if private airlines, trains, and autos are better than the gov't alternatives, why do so many prefer gov't funded roads?


27 posted on 11/22/2005 9:01:35 PM PST by Diddle E. Squat
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To: FairOpinion
The court declined to offer its own solution, pushing the issue back to lawmakers.

How refreshing.

But yowsers is this gonna send things into a tizzy. And when the taxation dust settles I'd wager folks is gonna wind up payin more......
28 posted on 11/22/2005 9:09:57 PM PST by festus (The constitution may be flawed but its a whole lot better than what we have now.)
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To: CindyDawg
Where does it say in the constitution that homeowners must carry the financial burden to educate ? Where does it say that we even have to provide public schools.

Its over there in that section that says sodomy and abortion are constitutionaly protected rights ...........
29 posted on 11/22/2005 9:12:03 PM PST by festus (The constitution may be flawed but its a whole lot better than what we have now.)
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To: Iconoclast2

Judicial Activism = when the court does something we don't like.


30 posted on 11/22/2005 9:12:50 PM PST by bigsigh
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To: Heartofsong83

"They'd have to repeal the 16th Amendment for that to happen."

If those who say the 16th was never legally ratified are correct, the 16th would have to be actually ratified befor it could be repealed.


31 posted on 11/22/2005 9:15:11 PM PST by GGpaX4DumpedTea
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To: Diddle E. Squat
There are only a couple of ways to fund public schools.

One is to increase sales taxes. We already have one of the highest in the nation.

Another is an income tax, which has been anathema in Texas.

I can't think of any others,unless we return to local property taxes. That, of course, will mean that all those districts in south Texas will have inadequate schools, so the legislature will end up raising sales taxes to pay for those anyway.

32 posted on 11/22/2005 9:23:58 PM PST by sinkspur (Trust, but vilify.)
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To: Spktyr
On the subject of judges, I recently had occasion to sit in on a Texas small claims court session. The most memorable moment was when the judge tossed out a meritless case with the comment of, "Are you high? Case dismissed. Next."

LOL! Good one. My husband was once pulled over for dark tint on windows (it came from the factory with the tint). We went to court to protest, and lo and behold the female judge proceeded to give the entire Traffic Court audience (full that day) a lecture on the folly of such un-Constitutional laws. Tossed it.

33 posted on 11/22/2005 9:24:18 PM PST by garandgal
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To: Blurblogger
[ REVERSE JUDICIAL ACTIVISM? I think I like it!]

Who knows maybe reverse illegal insurgency can happen..

34 posted on 11/22/2005 9:34:54 PM PST by hosepipe (CAUTION: This propaganda is laced with hyperbole..)
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To: FairOpinion
The court declined to offer its own solution, pushing the issue back to lawmakers.

Most Excellent !

35 posted on 11/22/2005 9:35:57 PM PST by af_vet_1981
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To: Diddle E. Squat
why do so many prefer gov't funded roads?

Better access...I don't know where your road is.

36 posted on 11/22/2005 9:42:31 PM PST by lewislynn (Fairtax facts = lies, dreams, hope, wishful thinking and conjecture.)
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Comment #37 Removed by Moderator

To: Spktyr
The most memorable moment was when the judge tossed out a meritless case with the comment of, "Are you high? Case dismissed. Next."

The spirit of Judge Roy Bean lives on.

38 posted on 11/22/2005 9:51:48 PM PST by okie01 (The Mainstream Media: IGNORANCE ON PARADE)
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To: sinkspur

Yep, much better to tax property in resort towns with no schools to fund schools in other parts of the state.

Don't forget to tax all the property in retirement villages, too. Even though their kids are all long past school-age, wouldn't want to pass up that revenue source, eh ?

Property taxes make a mockery of private property. It has become legally impossible to actually OWN property. Fail to pay your annual property tax bill and see how little your deed really means.


39 posted on 11/22/2005 10:04:55 PM PST by Kellis91789
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To: Kellis91789
Fail to pay your annual property tax bill and see how little your deed really means.

Well, it's property taxes or income taxes. Take your pick.

40 posted on 11/22/2005 10:07:27 PM PST by sinkspur (Trust, but vilify.)
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