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March 13, 2008 EDITION
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County Officials Make Case for Land Transfer Tax


The history of the Land Transfer Tax issue in North Carolina is a collection of resolutions, referendums and intense debates that date back to 1985 when the NC General Assembly gave Dare and Currituck counties authority to levy a land transfer tax by resolution of the Board of County Commissioners. The tax was presented as one answer to growing infrastructure needs. In 1986 Chowan and Camden were also given permission to levy the tax by resolution. In the case of these four counties the LTT was set at one percent or $1 per $100 on instruments conveying interest in real estate. Additionally, the revenue garnered from the LTT was limited to capital expenditures.

Due to claims by county officials from the first four counties to have the LTT that they were able to reduce property taxes, increase funding for economic development, reduce the reliance on borrowing funds to build new schools and reduce funding disparities between their school districts and the remainder of the state, additional counties began to ask permission from the NCGA to implement the tax. In 1989 permission was granted to Pasquotank, Washington and Perquimans counties but it came with the requirement that the tax be put up for referendum by citizens. When the LTT was brought up for a vote instead of resolution it passed in Pasquotank and Perquimans counties but failed in Washington.

Since that time all the counties that adopted the LTT have increased in per capita school capital outlays from the bottom third of the state to the top 10 for four of the counties. By comparison Washington County has risen only one place since 1995 from 87 to 86.

All six of the counties now rank in the top 45 counties in education spending per student with Dare County coming in first, budgeting more than $7,600 per student. A five-year moving average for public school capital expenditures prior to the LTT for Camden, Currituck, Chowan and Dare counties was $59,668. Post LTT the average increased to $791,381 thereby reducing funding disparities between property-rich/urban districts and property-poor/rural districts.

Despite the reported success of the LTT in the original six counties to adopt the program, stiff resistance has risen against it. Last November the tax came before residents of 16 counties by referendum and failed to pass in every one. Proponents of the LTT claim it was a lack of information resulting in a lack of understanding that led to the defeat while the opposition claims it is simply a bad move for property owners. Loudest of the opposition is the North Carolina Association of Realtors who opposes the tax for a number of reasons. The NCAR claims that the tax lowers property values, making it more difficult to sell property, thereby causing a downturn in home sales. The NCAR also contests the tax has been falsely portrayed as a solution to local funding issues because revenue generated by the LTT is largely dependant on economic cycles.

Ashe County Bard of Commissioners Chairman Richard Blackburn calls the tax "a hard sell" but something that is badly needed for the county to meet the capital needs for projects.

The revenue from the LTT, if passed in the county, would immediately begin to fund renovations and improvements to county schools, aid in the renovations and expansion of the county library and help to offset the debt service on the future county law enforcement center.

Commissioners say that they want to implement the LTT so that they are not forced to increase property taxes to off-set the increase in debt service. Currently county property tax is set at 39.5 cents, giving Ashe County one of the ten lowest property tax rates in the state. The state average is 57 cents.

"Having the lower property tax rate is a catch 22 for us. We want to keep property taxes low for the citizens but in doing so it causes us to have to find more revenue sources on our own. There are instances where we go to Raleigh to ask for help and they tell us no because we don't have what they consider to be a high enough tax rate. For education lottery money, if you are below the state average you get your money back at a lower rate than if you are above. If you are above the state average, you get a higher percentage of that money than a county that is below," Blackburn said.

That needed revenue is the reason for putting the LTT on the May ballot and commissioners are hopeful that getting the word out early will aid in passage of the referendum.

County commissioners could raise the revenue with either a quarter cent sales tax increase or a four-cent increase in property taxes, but those avenues are not ones they want to go down until the citizens have an opportunity to consider the LTT option.

"We want to avoid levying additional property or sales taxes, but we need some source of revenue other than property taxes and this [LTT] is a possibility. Why would we look at this as a possibility? Because, last year, 80 percent of the land transfers in the county were for persons coming in, now you can assume that the seller of the property is going to add the LTT into the sale of the property because that is how consumerism works. Also last year, seven percent of the sales were by speculators leaving only ten percent of sellers being county residents and three percent was gifted property and no LTT would apply. Now I'm not trying to sound anti-newcomer, because we are not, why not let them help pay for some of the infrastructure they benefit from if they like being up here?" Blackburn asked.

"Education is the key," said McMillan adding, for residents to understand the issue as a whole they need to be given the necessary information that will allow them to make informed decisions."

To do this, the county commissioners are circulating literature that outlines the county's position on the LTT and describes what the revenue would be used for. The literature is being placed in county offices, the library and area businesses.

Commissioners will be available for questions concerning the proposed LTT during the public comment segment of regular meetings held the first and third Monday of each month. Anyone with questions about the LTT can call the county offices at (336) 846-5501.



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