Free Republic

Open Space Authority to Return Assessment Funds San Jose, CA, May 29, 2009 – Property owners who have property within the jurisdiction of the Santa Clara County Open Space Authority will soon be able to claim refunds of an assessment charged by the Authority on their real estate tax bills between 2002 and 2008. In 2001, the Authority approved a $20 annual assessment on single-family homes located within the Authority’s territory to help purchase and maintain open space and parkland. Higher amounts were charged for multi-family and commercial properties. The Silicon Valley Taxpayers Association, the Howard Jarvis Taxpayers Association, and...

In a decision that could force Silicon Valley's largest water provider to refund millions — or perhaps tens of millions — of dollars to its customers, a judge on Thursday ruled that one of the Santa Clara Valley Water District's primary fees is illegal. Santa Clara County Superior Court Judge Kevin Murphy found that the district's "groundwater extraction fee" requires voter approval under Proposition 218, a state law passed in 1996.

It is no surprise that fiscal conservatives in California are appalled at the breathtaking assault on taxpayers proposed by Governor Schwarzenegger. Both activists and elected leaders – usually Republicans – have responded with either derision or laughter (with perhaps some expletives mixed in). Given that the Governor could find not a single legislator from either party to carry his last budget, it is safe to assume his latest proposed mix of cuts and revenue enhancements will receive similar treatment at the Capitol. But his proposal to expand the sales tax to include a number of services has another problem: As...

Editorial: Assessment ruling won't serve state well Monday's state Supreme Court decision striking down an assessment by the Santa Clara Valley Open Space Authority was one more nail in the coffin of California's quality of life. Not that the court was unreasonable. The justices were interpreting Proposition 218, as convoluted and mean-spirited an anti-tax law as California voters ever passed. The 1996 initiative aimed to tighten the rules set by Proposition 13 to make it even harder for government to raise revenue, and it's succeeding all too well. Californians must come to grips with the kind of place they want...

California high court strikes down Santa Clara County open space tax The California Supreme Court today struck down a special fee on Santa Clara County homeowners used to pay for open space acquisition, possibly wiping out more than $50 million collected over the past seven years for parks, trails and other services. In a unanimous ruling, the justices found that the 2001 special assessment by the county's Open Space Authority violated Proposition 218, a 12-year-old voter-approved law known as the "Right to Vote on Taxes Act." Proposition 218 was designed to limit local governments' ability to raise revenue without voter...

Among tax experts and policy wonks, there has always been a debate about what constitutes a "fee" as opposed to a "tax." The general public might have some vague notion of a difference between the two but, more times than not, they just don't care. If a citizen pays a $10 "fee" for something, that $10 has left his or her wallet just as surely as if they had paid a $10 tax. However, ever since 1978 with the passage of Proposition 13, the distinction between "fees" and "taxes" has had a significant legal consequence. Certain vote requirements -- either...

Imagine waking up to a science-fiction world in which voting involves no secret ballots -- the government knows how you voted -- no opposition statements are permitted, multiple votes can be legally cast by the same voter, only property owners vote, nongovernmental friends of the political power structure literally run the elections and voters can change their votes as many times as they like before election day. Is this a scenario for the next century, the voting pattern in Saudi Arabia or Saddam's Iraq or what? No, it's what voters are now facing in Contra Costa County, with mail-in ballots...