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Measure Details

Act No. 1050 - Homestead Tax Exemption for Disaster Damage

Louisiana Ballot Measure - Proposed Amendment No. 5

Yes
700,116
(61.8%)

No
432,786
(38.2%)

Summary

    Act 1050 (2010 Regular Session) amends Article VII, Sections 18(G)(5) and 20(A)(10).

    Present Constitution authorizes an owner to keep a special assessment level of the homestead prior to its damage or destruction on the repaired or rebuilt homestead if the owner is unable to occupy the homestead on or before December 31st of a future calendar year due to damage or destruction of the homestead caused by a disaster or emergency declared by the governor, if the repaired or rebuilt homestead is reoccupied by the owner within five years from December 31st of the year following the disaster. Further provides that the assessed value of the land and buildings on which the homestead was located prior to its damage shall not be increased above its assessed value immediately prior to the damage or destruction.

    Present Constitution prohibits a property owner from keeping the special assessment level on the damaged or destroyed property if the property owner receives a homestead exemption on another homestead during the same five-year period, and requires the land and buildings to be assessed in that year at the percentage of fair market value set forth in this constitution. Further provides that the owner must maintain the homestead exemption set forth in Article VII, Section 20(A)(10) to qualify for the special assessment level.

    Proposed Constitutional Amendment retains present law and provides that the owner shall maintain the homestead exemption set forth in Article VII, Section 20(A)(10) to qualify for the special assessment level.
    Proposed Constitutional Amendment authorizes an extension of the special assessment level for up to two years for an owner who is unable to reoccupy his homestead within five years from December 31st of the year following the disaster, only if the homeowner's damage claim is filed and pending in a formal appeal process or if the homeowner has a damage claim filed and pending against the insurer of the property.

    Proposed Constitutional Amendment requires the homeowner to apply for the extension of the special assessment level with the assessor of the parish in which the homestead is located and also provides that the assessor shall require the homeowner to provide official documentation from the government agency or program evidencing the homeowner's participation in the formal appeal process or official documentation evidencing that the homeowner's damage claim has been filed and is pending against the insurer of the damaged property.

    Proposed Constitutional Amendment authorizes the assessor, on a case-by-case basis, to grant up to three additional one-year extensions of the special assessment level after expiration of the extension authorized by this proposed constitutional amendment.

    Present Constitution provides that any homestead receiving the homestead exemption that is damaged or destroyed during a disaster or emergency declared by the governor whose owner is unable to occupy the homestead on or before December 31st of a calendar year due to such damage or destruction shall be entitled to claim and keep the exemption by filing with the assessor within the parish where such homestead is situated, prior to December 31st of the year in which the exemption is claimed, an annual affidavit of intent to return and reoccupy the homestead within five years from December 31st of the year following the disaster. Further provides that only one homestead exemption shall extend or apply to any person in this state.

    Proposed Constitutional Amendment provides that after the expiration of the five-year period, the owner of a homestead shall be entitled to claim and keep the exemption on the homestead for up to two years by filing an annual affidavit of intent to return and reoccupy the homestead with the assessor of the parish where the homestead is located prior to December 31st of the year in which the exemption is claimed. Also provides that a homeowner shall be eligible for the extension only if the homeowner's damage claim to repair or rebuild the damaged or destroyed homestead is filed and pending in a formal appeal process or if the homeowner has a damage claim filed and pending against the insurer of the property.

    Proposed Constitutional Amendment provides that the assessor shall require the homeowner to provide official documentation from the government agency or program evidencing the homeowner's participation in the formal appeal process or official documentation evidencing that the homeowner's damage claim has been filed and is pending against the insurer of the property.

    Proposed Constitutional Amendment authorizes the assessor, on a case-by-case basis, to grant up to three additional one-year extensions of the homestead exemption after expiration of the extension authorized by this proposed constitutional amendment.

    Measure Text

    To authorize continuation of the homestead exemption and the special assessment level for a homestead that has been destroyed or is uninhabitable due to a disaster for two years if the homeowner's claim for damages is pending in a formal appeal process with a governmental agency or program offering assistance for repairing or rebuilding homes damaged by the disaster or if a homeowner has a damage claim filed and pending against the insurer of the property; to authorize an assessor to grant up to three additional one-year extensions of the continuation of the homestead exemption and the special assessment level as prescribed by law. (Amends Article VII, Sections 18(G)(5) and 20(A)(10))

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