Officials square off over property tax increase

In 2013, the governor signed House Bill 604 into law, which prohibited the Fulton County board of commissioners from approving a property tax increase until 2015 at the earliest. The law says, “Any proceedings by the governing authority of Fulton County to make or fix a levy of ad valorem taxes for Fulton County at a millage rate which would exceed the roll-back rate shall be suspended until January 1, 2015.”

The Fulton County commission then voted to repeal the state law on the basis of their home rule authority under the state constitution, which says, “a county may, as an incident of its home rule power, amend or repeal the local acts applicable to its governing authority” (Sec. II, Par. 1) under certain conditions.

Last week, the county commission approved a 17 percent millage rate increase.

Former co-sponsors of House Bill 604 immediately sued Fulton County and are seeking an injunction to prevent the county tax commissioner from collecting taxes with the higher rate.  Lawyers for the lawmakers say that the home rule power cited by Fulton County is trumped by a 1951 amendment to the state constitution that specifically authorized the General Assembly to control Fulton County’s ad valorem taxation powers.

The tax increase has revived interest among some north Fulton County taxpayers to secede to create their own “Milton County.”