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I agree wholeheartedly; fortunately the US Constitution (Art. 1 Sec. 9 Clause 9) expressly forbids this medieval application of the law...can't criminalize the legal past. I can't even give my kids timeouts for the stupid stuff I let them do yesterday after my wife tells me it was wrong today!
Think anybody in the 277 loop or Raleigh knows this?
Can you paste the clause? I only see 8 clauses in that section.
...or 277 Bulge in deference to the Boys of Bastogne.
Oops, I typo'ed and meant Clause 3 of sec. 9.
There is case law that says otherwise. If you mean No Bill of Attainder then that's pretty much DOA. Ex post facto has been determined to be mostly for criminal issues. In order to make either of these stick you'd have to prove that a particular group was targeted.
5th amendment taking clause is also out. The only hope though a small one is due process but since they will allow appeals etc for years I don't think that will stick either.
Keep in mind that HOA law was changed to be retroactive to allow associations to levy fines when CCRs didn't allow this. This went to the state supreme court which found it not to be ex post facto.
Couldn't they just do a new revaluation based on current data and not have to deal with giving people refunds?
My preference by far. It would still shortchange the overbilled for the past years, but even the score from day one going forward for everyone. Heck, you could even give the overbilled a credit for 2-3 years on their future taxes.
Sidebar: It can be argued that the only thing worse for the economic environment than the certainty of higher taxes is the UNCERTAINTY of what past, current and future taxes will be.
Imagine the sword hanging over your head at a closing, adding up the known costs, then having to worry your new house might get retroactively reassessed for thousands of dollars in taxes....sure, the previous owner should be held liable for those years, but he moved to Boca Raton or Brazil....good luck NC Legislature pinning it on that guy. Try adding clauses to the contract and see how many sales fall through....
My preference by far. It would still shortchange the overbilled for the past years, but even the score from day one going forward for everyone. Heck, you could even give the overbilled a credit for 2-3 years on their future taxes.
Sidebar: It can be argued that the only thing worse for the economic environment than the certainty of higher taxes is the UNCERTAINTY of what past, current and future taxes will be.
Imagine the sword hanging over your head at a closing, adding up the known costs, then having to worry your new house might get retroactively reassessed for thousands of dollars in taxes....sure, the previous owner should be held liable for those years, but he moved to Boca Raton or Brazil....good luck NC Legislature pinning it on that guy. Try adding clauses to the contract and see how many sales fall through....
Good post except the part of giving a credit. That would require this new bill to pass methinks.
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The 277 salient
