4 ms·
Prop 13 is so ridiculously unfair and distortionary. I wonder is there a way to legally challenge Prop 13 on the basis that it confers a kind of durational resi
by erentz 5y ago
Prop 13 is so ridiculously unfair and distortionary. I wonder is there a way to legally challenge Prop 13 on the basis that it confers a kind of durational residency benefit (see Shapiro v. Thompson)?
- rcpt 5y agoYes. https://harvardcrcl.org/wp-content/uploads/sites/10/2018/11/Sarkar-Rosenthal.pdf https://harvardcrcl.org/wp-content/uploads/sites/10/2018/11/... Norlidger v. Hahn (worth a read https://www.law.cornell.edu/supct/html/90-1912.ZD.html https://www.law.cornell.edu/supct/html/90-1912.ZD.html) didn't make it but also didn't address the Fair Housing Act. Prop 13, especially the extensions that preserve tax rates through bloodlines, disparately impacts minorities even though that wasn't the explicit intent of the law. Turns out that intent doesn't matter on issues of race so there's legal precedent to overturn the law.
- jonny_eh 5y agoIt's also a huge grant to older generations, which violates the Equal Protection Clause of the 14th amendment, IMO. But I'm not a Supreme, so I dunno.
- rcpt 5y agoI agree with Justice Stevens that it's a violation of equal protection, and the state supreme court of Delaware recently did to when they struck down their version of Prop 13, but as you'll see in my Cornell link above the rest of the court upheld the law.