No property tax reform in 2011

Property owners in northwest Montana had a high anticipation of an interim reappraisal and meaningful property tax reform at the beginning of the 62nd Legislature. Our representatives listened, heard our plight and were motivated to help Montana have a property tax system that is simple to understand, predictable and fair for all residential, commercial and agriculture property owners.

Property owners primarily in Flathead, Lake, Gallatin, Missoula, Lewis and Clark, Yellowstone, Cascade and Ravalli counties were over appraised in 2008 and are experiencing property tax increases to the point that property that has been in Montana families for generations is having to be sold.

Our champions, despite concerns that the majority of the legislators and the Department of Revenue have continued to ignore Montana property owners who are suffering because of increased taxes, submitted a comprehensive property tax reform bill for drafting on Jan. 3.

The drafting of the tax reform bill stopped almost immediately, the reason being Legal Services deemed the bill unconstitutional. Although supporters of tax reform have provided information to overturn the unconstitutional decision, there may not be enough time to process the bill through the House to meet the transmittal deadline from the House to Senate, or so we have been told.

Our representatives will try to amend a bill that has already been introduced, but Montana Residents for Fair Property Taxation believes the handwriting is on the wall, and our only alternative is to take our case to court.

Our plan is to wait until the legislature fails to remedy our situation. Then, we will file in court showing the reappraisal cycle of six years, phase-in and creation of a separate class of “outliers” are unconstitutional. We intend to file for reimbursement of over-paid taxes.

We have a law firm under contract and, of course, litigation will be expensive. We have already started accepting contributions (non-deductible), so if you are a victim or want to join in with us, go to http://mtproptax.org, read the articles under “Latest News” to learn who we are, and sign up to contribute.

It is unfortunate that we have lost confidence in our system and have to sue the people who have sworn to honor our constitution and laws to protect us.

There will be a meeting at the Red Lion Inn, in Kalispell at 10 a.m. on Saturday, Feb. 26, to inform the public on what is really going on in the legislature. We will discuss the property tax system faults in detail and show what we can do about the travesty that is destroying our culture. Please bring your neighbors.

Dud Mahler lives in Whitefish.