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2017 Wis. L. Rev. 179 (2017)
TIF-for-Tax: Upholding TIF's Original Purpose and Maximizing Its Use as a Catalyst for Community Economic Development

handle is hein.journals/wlr2017 and id is 183 raw text is: 









COMMENT


TIF-FOR-TAX: UPHOLDING TIF'S ORIGINAL PURPOSE
     AND   MAXIMIZING ITS USE AS A CATALYST FOR
         COMMUNITY ECONOMIC DEVELOPMENT

                             BRYON EAGON*

          With  shrinking state aid and growing needs, local governments are
     constantly searching for ways to increase their tax revenue. One significant
     policy in the toolbox of local governments in Wisconsin is Tax Increment
     Financing (TIF). Through TIF, municipalities aim to grow future revenues
     by attracting private investments in new real estate development. TIF was
     originally intended to assist communities in addressing urban blight, yet
     legislative enactments over the past few decades have  significantly
     broadened TIF to make  eligible projects that are not in metropolitan or
     blighted areas, thereby diluting TIF's intended purpose.
          Past calls for reforming TIF have suggested only small modifications,
     often advocating for expanding TIF's applicability and use in an even
     greater number  of development projects. However, legislators should
     instead support comprehensive reforms to this place-based investment
     instrument that improve clarity and predictability, increase measured
     objectiveness, and adjust spending restrictions in order to better utilize TIF
     as a catalyst for equitable Community Economic Development (CED).
     Through analyzing historic and contemporary uses and misuses of TIF in
     Wisconsin, as well as its risks and rewards, this Comment proposes specific
     reforms to realign TIF laws with its original purpose of addressing urban
     blight and better utilize the tool to attract and finance economic,
     community, and equitable development.

Introduction  to Tax Increment  Financing       ....................180
I. TIF Over  Time:  The  Fundamentals   of TIF  In Wisconsin  ...........186
       A.  History, Text, and  Data       ..........................186
       B. How   TIF  Works:  Big  Picture             ............. ........191
II. The Tiff With  TIF: What   To Change   And  Why  .....       ........195
       A.  Goal  1: Uphold  TIF's Original Purpose   to Address
            Urban  Blight         .................................198
            1. Establish More  Specific Conditions  Within  Each  TID
                Category      ..........................        ......201
            2. Precisely Define  Blight .......................207


     *      J.D. Candidate, University of Wisconsin Law School, 2017; M.A., Relay
Graduate School of Education, 2013; B.A., University of Wisconsin-Madison, 2010.
Thank you to Professors Lisa T. Alexander and Gretchen Viney, Mike Bare, David N.
Farwell, John Kovari, Joe Gromacki, Gary Peterson, Jeff L. Vercauteren, Douglas S.
Buck, my parents and brother, and the entire Wisconsin Law Review for their review,
feedback, and support. Special thanks to Senior Managing Editors Chelsea Fischer,
Christopher Nienhaus, and Hayley Painter.

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