Angle petition heading for court

Lawyers for the union say the effort by Angle, her fourth petition to limit property tax increases, would result in residents living in similar homes in the same neighborhood paying widely disparate tax bills.

AFL-CIO lawyer Paul More said Angle tries to hide that her petition would “rescind the most venerable constitutional principle governing taxation in Nevada, the requirement that like property be taxed at uniform and equal rates.”

But Angle maintains she only seeks “an exception” to the constitutional requirement.

Angle said Friday her lawyers and the AFL-CIO were trying to reach agreement on new petition language that will satisfy their concerns.

“We are in negotiations,” she said. “If we get it finalized in time, there will be no court challenge.”

District Judge William Maddox is scheduled to hear the AFL-CIO’s case on why Angle’s petition should be thrown out or rewritten.

Angle has failed three times to place her California Proposition 13-style petition before voters.

Her latest failure occurred in October when she withdrew a similar petition before a judge could hear a lawsuit from the AFL-CIO that also challenged its accuracy.

She failed twice earlier to secure enough signatures to place the issue before voters. This time, Angle needs to collect 58,836 valid signatures on petitions by May 20 or the proposal will not go on the election ballot.

If Angle and her We the People Nevada organization can secure sufficient donations, Angle is confident she can collect enough signatures.

But she expressed doubt that is possible if she must rely on voluntary petition circulators.

Angle readily admits her proposal would result in neighbors paying different amounts of taxes on similar homes.

She pointed out that the U.S. Supreme Court upheld that disparity in taxation in a 1992 decision upholding California’s Proposition 13, the constitutional amendment approved in a so-called “tax revolt” in 1978.

The idea behind California’s Proposition 13 was to keep property taxes low for longtime residents, some of whom were in danger of losing their homes, and taxing home buyers based on the purchase price.

The new Angle petition, if approved by voters this November and again in 2010, would replace a law that limits property tax increases to 3 percent a year on owner-occupied properties and 8 percent a year on commercial and other property.

Under the law, the current tax bill on the home, plus annual increases, remains in effect when the property is sold.

But like Proposition 13, the Angle proposal would require the home to be reassessed and taxes paid on the current value when the property is sold.

That would lead to situations in which a longtime homeowner would pay less in property taxes than neighbors moving in. Such differences upset “the common notions of fairness,” according to More.

Angle was the only legislator to vote against the current 3 percent and 8 percent caps on property taxes when the law was approved in 2005.

Contact reporter Ed Vogel at evogel @reviewjournal.com or (775) 687-3901.