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![handle is hein.sag/sagne2011 and id is 1 raw text is: STATE OF NEBRASKA
Office of the zfttornep @eneral
2115 STATE CAPITOL BUILDING
LINCOLN, NE 68509-8920
(402) 471-2682
TOD (402) 471-2682
FAX (402) 471-3297 or (402) 471-4725 .
JON BRUJNING MAR 3 1 2011
ATTORNEY GENERAL
TO: Senator Heath Mello
Nebraska Legislature
FROM: Jon Bruning, Attorney General
L. Jay Bartel, Assistant Attorney General
RE: LB 54 - Whether Legislation Establishing the Base Year for Tax-
Increment Financing of Redevelopment Projects as the Year Prior to
Commencement of Rehabilitation, Acquisition, or Redevelopment is
Consistent with Neb. Const. Art. VIll, § 12.
Dear Senator Mello:
Neb. Rev. Stat. § 18-2147(1) (2007) provides that [a]ny redevelopment plan
.may contain a provision that any ad valorem tax levied upon real property in a
redevelopment project for the benefit of any public body shall be divided, for a period
not to exceed fifteen years after the effective date of such a provision by the governing
body. . . . LB 54 proposes to amend § 18-2147(1) to provide that the taxes on real
property in a redevelopment project would be divided for a period not to exceed fifteen
years after the governing body enters into a redevelopment contract. . . . LB 54, § 1.
AM218 would amend LB 54 to provide, in part, that real property taxes for a
redevelopment project established for the purpose of rehabilitating, acquiring, or
redeveloping substandard or blighted property would be divided for a period not to
exceed fifteen years after the commencement of such rehabilitation, acquisition, or
redevelopment,. . . . AM218, § 2. Your question is whether the changes proposed to
§ 18-2147(1) by AM218 are consistent with Neb. Const. art. VIII, § 12, the constitutional
provision authorizing cities and villages to incur indebtedness for the purpose of
rehabilitating, acquiring, or redeveloping substandard and blighted property, and pledge
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