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Author Topic: IJ files suit against NH  (Read 4072 times)

Justin

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IJ files suit against NH
« on: August 25, 2004, 08:18:01 am »

By way of NHPR:

Citing Fourth Amendment violations, the Institute for Justice filed suit against the state of New Hampshire claiming that its property tax laws violate the Constitution.

NH property tax laws compel homeowners to permit a search of their home during the assessment process.
« Last Edit: August 25, 2004, 08:25:05 am by Justin »
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kuhllax24

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Re:IJ files suit against NH
« Reply #1 on: August 25, 2004, 08:44:23 am »

Interesting stuff.  The question is: how will N.H. legislators and the governor react to this suit?

Perhaps this could be a way for liberty-minded people to start a media campaign showing the fallacy of a statewide property tax.  If the legislature has to rework its property tax code to make it constitutional in the IJ's eyes, then why can't they make other modifications?

Am I overreacting to this bit of news?  I guess I'm a bit excited at the prospect of abolishing the statewide property tax.  The sooner that localities can determine the property tax and not the state, the happier I'll be.

Regards,

Dan
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5thconcerto

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Re:IJ files suit against NH
« Reply #2 on: August 25, 2004, 08:50:09 am »

Quote from: Justin
NH property tax laws compel homeowners to permit a search of their home during the assessment process.
Quote

There is a fallacy here, as homeowners can refuse entry to the assessor.
Alan

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JonM

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Re:IJ files suit against NH
« Reply #3 on: August 25, 2004, 08:54:20 am »

If they refuse, they can't appeal the assessment, no matter how inaccurate it is.  That is one of the violations of the 4th amendment that the IJ filed suit on.

I'm writing them an email to express my support.  I may even send them some money.

Oh, and this sounds like a cause for the NHLA.  At the very least a press release offering support might be in order.
« Last Edit: August 25, 2004, 08:56:51 am by JonM »
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5thconcerto

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Re:IJ files suit against NH
« Reply #4 on: August 25, 2004, 09:19:13 am »

Interesting stuff.  The question is: how will N.H. legislators and the governor react to this suit?

Perhaps this could be a way for liberty-minded people to start a media campaign showing the fallacy of a statewide property tax.  If the legislature has to rework its property tax code to make it constitutional in the IJ's eyes, then why can't they make other modifications?

Am I overreacting to this bit of news?  I guess I'm a bit excited at the prospect of abolishing the statewide property tax.  The sooner that localities can determine the property tax and not the state, the happier I'll be.

Regards,

Dan


There is a danger here, IMHO, that the legislature will over react and end up passing an income tax, or a sales tax. Remember that an income tax passed the two houses in the past, under Jeanne Shaheen, immediately following the Claremont decision. If this suit succeeds, on top of the Claremont decisions, the Legislature may feel boxed in and resort to a broad based taxed (income or sales). I'm not saying that the suit shouldn't succeed, but we will have to be very wary of what happens after.
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Karl

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Re:IJ files suit against NH
« Reply #5 on: August 25, 2004, 09:25:22 am »

There is a danger here, IMHO, that the legislature will over react and end up passing an income tax, or a sales tax. Remember that an income tax passed the two houses in the past, under Jeanne Shaheen, immediately following the Claremont decision. If this suit succeeds, on top of the Claremont decisions, the Legislature may feel boxed in and resort to a broad based taxed (income or sales). I'm not saying that the suit shouldn't succeed, but we will have to be very wary of what happens after.

We need to make it clear that there is a simple solution to this problem -- conduct assessments like 18 other states do -- without entering the home.
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JonM

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Re:IJ files suit against NH
« Reply #6 on: August 25, 2004, 09:27:01 am »

What does the inability of an assessor to look inside your house have to do with income taxes?  They'll still have the property tax.
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5thconcerto

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Re:IJ files suit against NH
« Reply #7 on: August 25, 2004, 09:36:38 am »

What does the inability of an assessor to look inside your house have to do with income taxes?  They'll still have the property tax.

The danger is, that if this ruling is expanded, similar to the Claremont case, to say that the state-wide property tax itself is unconstitutional, that the legislature will then over-react and vote for an income or sales tax. The courts in NH like to make their own laws in recent years. Beware, is all I am saying. There could be unintended consequences, which we should be ready for.
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5thconcerto

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Re:IJ files suit against NH
« Reply #8 on: August 25, 2004, 09:56:52 am »

My bad. I just realized the suit was filed in Federal Court, not State Court. Duh!!!
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Mike Lorrey

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Re:IJ files suit against NH
« Reply #9 on: August 25, 2004, 10:06:45 am »

Interesting stuff.  The question is: how will N.H. legislators and the governor react to this suit?

Perhaps this could be a way for liberty-minded people to start a media campaign showing the fallacy of a statewide property tax.  If the legislature has to rework its property tax code to make it constitutional in the IJ's eyes, then why can't they make other modifications?

And just who is the IJ that the sovereign state of NH has to give a fig about their agenda?
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JonM

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Re:IJ files suit against NH
« Reply #10 on: August 25, 2004, 10:24:24 am »

Interesting stuff.  The question is: how will N.H. legislators and the governor react to this suit?

Perhaps this could be a way for liberty-minded people to start a media campaign showing the fallacy of a statewide property tax.  If the legislature has to rework its property tax code to make it constitutional in the IJ's eyes, then why can't they make other modifications?

And just who is the IJ that the sovereign state of NH has to give a fig about their agenda?

Hopefully an ally.
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Justin

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Re:IJ files suit against NH
« Reply #11 on: August 25, 2004, 01:40:32 pm »

Definitely an ally.  Ignore the Republican troll.
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