Santa Fe New Mexican

Luján created cap to ease burden on homeowners.

- By Thom Cole tcole@sfnewmexic­an.com

Ben Luján, the late speaker of the state House of Representa­tives, was the patron saint of property tax relief for longtime homeowners in neighborho­ods like Santa Fe’s east side.

In 2000, Republican Gov. Gary Johnson signed into law a bill sponsored by Luján that placed a 3 percent cap on annual increases in market values for residentia­l properties. The law took effect the following year.

“It shouldn’t be a burden to own a home,” Luján, a Democrat from Nambé, said when Johnson signed the bill. He added that housing prices and property taxes also were rising quickly in Taos, San Juan and Sandoval counties.

For the working-class Luján, the property tax law was a major part of his legacy. He died in 2012.

Under the law, the market value of a residentia­l property for tax purposes cannot increase more than 3 percent a year as long as the property doesn’t change hands. Newly purchased homes are taxed at full market value.

Luján had fought for nearly a decade to provide the tax relief, but there were concerns about the law’s fairness even before it was enacted.

“A partial freeze on some New Mexico property values introduces inequities in valuation among properties,” the state Taxation and Revenue Department said in an analysis of a 1995 bill that was similar to the legislatio­n signed by Johnson in 2000.

Since the law was enacted, much of the controvers­y surroundin­g it has centered on the inequity created when a home is sold. New homebuyers often pay substantia­lly more in taxes than longer-term residents of the same neighborho­ods.

Luján opposed attempts in the Legislatur­e to deal with the inequities. In 2011, he spoke against a bill that would have rolled back market values of homes that were sold after 2004 in an attempt to deal with the unfairness of new homebuyers paying more in taxes than their neighbors. That would have placed more of the tax burden on residentia­l properties bought prior to 2004.

“I would really love to find a solution,” Luján said. “But I don’t think this is the solution. You are just shifting the tax burden to another group.”

He also said most homeowners in his district were benefiting from the law because property in rural areas tends to change hands less frequently.

The state Supreme Court, in a lawsuit brought by several Bernalillo County homeowners, ruled in 2014 that the 3 percent cap on annual market valuations for residentia­l properties was constituti­onal.

“We hold that [the 3 percent cap] rationally furthers the state’s interests in fostering neighborho­od preservati­on and stability by ‘permitting older owners to pay progressiv­ely less in taxes than new owners,’ ” the court’s decision said.

The 3 percent cap applies only to residentia­l properties. Commercial property is taxed based on full market value.

 ??  ??
 ??  ?? Ben Luján
Ben Luján

Newspapers in English

Newspapers from United States