Assessors To Challenge Referendum 47 Say A Portion Of The Property Tax Reduction Is Unconstitutional

Fri., Dec. 12, 1997

Associated Press

County assessors opposing one part of state Referendum 47 - the property tax measure voters approved last month - say they plan to file a lawsuit challenging its constitutionality.

Kitsap County Assessor Carol Belas, who is leading the challenge, said the so-called “value-averaging” portion of the referendum is both unfair and unconstitutional.

The referendum makes permanent a 4.7 percent reduction in the state’s share of the property tax levy. The 2-year-old tax cut is worth about $18 annually to the owner of a $110,000 house.

Crafted by the Republican majority in the Legislature, the referendum also protects property owners from large spikes in assessed valuation by requiring increases of 15 percent or more to be phased in gradually.

“As far as I can tell, that is not constitutional because we have to value and tax all like properties in the same manner, and it’s not the same manner if one person is paying more of their share than another,” Belas said.

Assessors “believe very strongly that this portion of the bill will not lower everyone’s taxes. It could very well increase some people’s taxes because of the shifts,” Belas said.

So far, assessors of King, San Juan, Jefferson and Ferry counties have asked to join the suit, Belas said. She expects others to join before it’s filed next month.

Brett Bader, who ran the campaign for the referendum, said the suit is “sour grapes.”

“I think during the campaign there was a band of assessors who were determined not to see the referendum pass and this is their effort through the courts to thwart the will of the voters,” Bader said.

Voters approved the referendum by an almost 2-1 ratio.

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