Legal Scholar: Fulton County May Not Be Able to Beat HB 604 | WABE 90.1 FM

24
Jun

Legal Scholar: Fulton County May Not Be Able to Beat HB 604 | WABE 90.1 FM

Fulton County says it is on firm legal ground in rejecting a new state law that stops the County from raising property tax rates for two years.

But an Emory University law scholar says that may not be the case.

Fulton County’s position is that House Bill 604, passed earlier this year and signed by Gov. Nathan Deal, violates the County’s right to home rule. Home rule was the focus of a state constitutional overhaul in 1983.

But Professor Frank Alexander, an expert on state and local government law, says state regulation of Fulton County taxes dates back to a constitutional amendment ratified in 1951. “The catch is that the 1983 constitution itself allowed certain local amendments to remain in force and effect if they were reaffirmed,” says Alexander. “And this particular legislation was reaffirmed in 1986.”

via Legal Scholar: Fulton County May Not Be Able to Beat HB 604 | WABE 90.1 FM.

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