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Herman: The taxpayer case against Arapahoe County 1A

Having been born and raised in Arapahoe County, and now being a property tax-paying homeowner there, I will be voting “No” on Ballot Issue 1A. 

The measure allows county government to forever keep and spend tax revenue that exceeds the limit set by Article X Section 20 of the Colorado Constitution, also known as the Taxpayer’s Bill of Rights (TABOR). 

TABOR (among other things) limits the growth of local government spending to a reasonable annual rate based on inflation and economic growth. Overcollected revenue must be returned to taxpayers unless voters give permission to exceed those limits. The Issue 1A “de-TABOR” eliminates those reasonable limits, allowing the county government to keep and spend revenue that would otherwise be refunded in perpetuity.  In other words, higher taxes and an end to voter consent.

I have several problems with the measure, which I will now explain. 

TABOR and property taxes  

When the value of a property increases, so too do the taxes owed on that property.  

However, just because a property’s market value increases does not mean the property owners income has increased to pay for those higher property taxes. 

The property tax bills for many houses in my neighborhood increased by around 25% last year, which can break many homeowners. 

Issue 1A would allow Arapahoe County to collect more in property taxes simply because the value of our homes increased, independent of any action by government, or permission from voters. 

TABOR provides a valuable check on runaway property taxes, let’s not give away that protection.

Checks and balances

Arapahoe is one more than a dozen counties where voters have wisely opted to keep TABOR taxpayer protections in place in some form, although other counties such as Jefferson are also trying to get rid of it on this year’s ballot.

Many of the county governments that already removed TABOR simultaneously received huge revenue windfalls in the last several years due to increased property values across the state. 

Yet, the services offered by “deTABORed” local governments have not vastly improved in the last few years as some might expect when compared to counties that still have TABOR. 

It is more likely that Arapahoe County officials simply want their cut from increased home prices that would otherwise be returned to Arapahoe County citizens. 

Another benefit of TABOR is that it forces local governments to be a little more meticulous in how they spend our money. After all, it’s is not how much money rolls in, but rather how effective local governments are at spending it. 

In the case of Arapahoe, the county is one of the most populous in the state, yet also levies more property tax mills on average than the rest of Colorado. 

That suggests that the county has a spending problem, not a funding issue. 

TABOR matters

It is the natural tendency for governments and bureaucracies to morph into something beyond their original purpose. 

Their purpose becomes the perpetuation of themselves and the perpetuation of their “usefulness”. 

Unsurprisingly, then, TABOR, which serves as an important check on unrestrained government growth, has been on the defensive since its inception.  

Governments prefer not to be constrained, which is why taxpayers need protections like TABOR. 

I love the area I grew up in, and it is for that reason that I want to preserve the right to hold my local government accountable and have a say over my local tax burden.  That is why I am voting “No” on 1A. 

Nash Herman is an Arapahoe County resident and fiscal policy analyst at the Independence Institute, a free market think tank in Denver.

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