.
Equity in Assessment Practices |
| [Transcript of
testimony before the New York State Assembly, 6 February, 2007. H.
William Batt serves on the boards of the Robert Schalkenbach
Foundation (New York) and the Center for the Study of Economics
(Philadelphia, PA. He can be contacted via email at
HWBatt@yahoo.com, or by telephone at 518-462-5068] |
Assessment has historically been the Achilles Heel of the real property
tax, and is an important reason why the public resents it. We really
have two taxes, one on land value and one on improvements, each with
very different dynamics, and until people realize the significance of
this, nothing else matters. Buildings depreciate just like cars,
computers and refrigerators, 0.5% to 1.5% yearly; land appreciates. Land
typically increases in market price because the surplus of community
enterprise comes to settle on locations in the form of economic rent.
So, unless one revalues frequently, things get quickly out of line. A
land value tax (LVT) recaptures that surplus for public use.[1]
The tax on the building part causes many problems: it discourages
responsible maintenance, the highest and best use of sites, fosters
sprawl development, eviscerates urban cores, and depletes the
environment. But taxation of land values is really the superior revenue
source, as some eight Nobel prizewinning economists have attested.[2] It
conforms to all the textbook principles of sound tax theory --
neutrality, efficiency, progressivity, stability, simplicity,
administrability. [3] Yes, the property tax is progressive, despite what
some people have said.[4] Especially the land part -- tenants pay
nothing, and LVT is the only tax that actually fosters economic
development and vitality.[5]
There was a time when critics complained that it was difficult to
assess the land and the building components separately. Hence, standards
for assessment were outrageously low.[6] Now GIS triangulation
algorithms are not only more accurate but also cheaper and quicker. It
would be worth the State's investment to use its battery of GIS techs to
avail itself of and improve upon this work; the payoff would be
enormous. It is now possible for the record of every parcel sale to be
quickly entered into the database, then passed over to the Assessor's
office each night, thereby maintaining a real-time cadastre of a
municipality. Present costs per parcel for a complete revaluation are
anywhere from $60 (upstate) to $100 (downstate), but the cost can be
reduced to less than $10 once the computer technology is instituted.[7]
Apportioning land value for condos and coops is just as easily done.
Many American assessors make the mistake of first valuing structures
and then treating land components as residuals.[8] The failure to
conform to standard practices elsewhere in the world typically leads to
over-valuing structures and gives an advantage for depreciation on
corporate tax schedules. To this extent, assessors serve the interests
of the finance, insurance and real-estate industries. The distortion can
be seen in the fact that the aggregate land value proportion in a
typical American city is ¼ to 1/3 of the total tax base, far less
than in municipalities elsewhere.[9] Greenwich, Connecticut, a city that
employs the building residual method, has a land value proportion of 71
percent. The Mastick Commission Report done for the New York State
Legislature in 1932 reports that the aggregate assessed land and
improvement component in New York City was $12 Billion for each.[10]
New York State and its people pay a price for not taxing the surplus
that accretes to land sites in the form of economic rent.[11] Land, one
must recall, has a fixed supply -- what economists call inelastic. This
means that any tax imposed on land sites is incorporated -- capitalized
-- into the market value. The more tax is added, the greater the
downward pressure on the land price. This makes housing more affordable
up front. It's a simple case of the buyer "paying now or paying
later." (There are economic pressures that work in the opposite
direction that may stabilize site prices, but that's a secondary point
of little consequence here.) By society not recovering the economic rent
from locations, market prices rise and so do taxes, witness California
and Florida. This rise in values gives some titleholders windfall gains
and prices young households out of the market and leads others to keep
more housing than they need. It is better to collect the rent and
thereby stabilize prices. It helps economic vitality in the long run.
For those who find that any burden is difficult "now," they
can defer their tax until selling later - some 24 states have a
provision like this.[12]
It is also important to understand the enormously steep gradient of
land values.[13] Urban locations can be hundreds of times more expensive
than peripheral areas. Since central cities are largely commercial in
nature, residential parcels farther out have a much lower land value,
and farmers' land value is essentially trivial if not already protected
by other save-harmless provisions. The problem is much of high value
urban land sits underused or vacant -often as much as a third[14] -- and
taxing land value fully typically induces the better use of those
parcels. When a property tax is shifted to a land value tax, most
homeowners pay less, and derelict high value parcels pay more. They are
prompted to develop rather than being held off the market for
speculative gain.[15]
The important point is to get the land values assessed at what they
should be, and frequent review is important as much as is accuracy.
Maryland has state assessors that do one-third of the counties each
year, so valuations are never more than three years old. I have been
part of a team that simulates how LVT works anyplace in Maryland - see
www.marylandlandtax.org. We're doing similar simulations in New York,
though the assessment data is often far poorer. One can see the results
for twelve counties at www.newyorklandvaluetax.org. Phasing out taxes on
improvements typically gives most homeowners a break. This policy is
legal in New York, and it awaits a trial in a city with good land
assessments. Amsterdam tried doing this a decade ago, but abandoned it
after one year due to poor assessments and lack of public understanding.
With good land assessments, a quick adjustment in the computer
application will both relieve lots of political and economic pressures
and revitalize many moribund urban economies.
I have addressed in passing all the bills in question.[16] But it is
especially important, I believe, to look at the incidence of each
component of any tax on real property - both land and improvements -
because up-to-date studies are needed. Some colleagues of mine have done
some work in Baltimore, but it relies on block and zip code data related
to housing, and this is very gross analysis. I know of some studies that
have looked at progressivity but have ignored the burdens on renters and
on non-residential property. My work (unpublished) shows that households
typically pay about half of all property taxes, and the remainder is
paid by non-residential property owners. With LVT, although homeowners
are the overwhelming number of titleholders, their burdens are typically
small, only the land under their houses. Taxing only land values
immediately relieves the one third of households, mostly poor people,
who own no land at all.
NOTES AND RFEERENCES
- Taxing land value has its
origins in classical economic theory, and was most clearly
elucidated by 19th century advocate Henry George's Progress and
Poverty, a book that sold more copies by 1906 than any work ever
published except the Bible. Today, the power of computers and the
increasing availability of data make it possible to test Georgist
hypotheses empirically for the first time. This exciting prospect
has absorbed my attention since leaving the New York State
Legislative Tax Study Commission in 1992 after serving there for
close to a decade. What had been only plausible ideas now are
proving valid-for many instances online, see www.urbantools.org .
Sweden and Norway have just this past summer allocated $10 million
each to a network exploring and advocating land value taxation and
capture, and growing attention to such regimes now constitutes a
worldwide dialogue. See, for example, the UN Habitat sponsored
project under the auspices of the Earthrights Institute at
www.earthrights.net/projects/globallandtool.html
- See, among others,
www.taxreform.com.au/economists.php
- www.progress.org/cg/battprincip02.htm
- Only two empirical studies have
ever been done on the subject, but both concluded that the real
property tax is mildly progressive. When land and improvements, the
two elements of the property tax, are taken separately, it becomes
even clearer why this is so. See Peter Mieszkowski, "The
Property Tax: An Excise or a Profits Tax," Journal of
Public Economics 1 (April 1972): 73-96, cited and discussed
extensively by James Heilbrun, "Who Bears the Burden of the
Property Tax?" in Lowell Harriss (ed.), The Property Tax
and Local Finance, Proceedings of the Academy of Political
Science, Vol 35, #1 (1983), pp. 56-71; and Henry J. Aaron, Who
Pays the Property Tax: A New View, Washington: the Brookings
Institution, 1975. These are reprinted and further discussed in Dick
Netzer and Matthew P. Drennan (eds.), Readings in State and
Local Public Finance. Oxford: Blackwell Publishers, 1997,
Chapters 7 -- 10. See also Harvey S. Rosen, Public Finance, 2nd
Edition (Homewood, IL: Irwin Press, 1988), pp. 483-489; Mason
Gaffney, "The Property Tax is a Progressive Tax," Proceedings,
National Tax Association, 64th Annual Conference, Kansas City,
1971, pp. 408-426. [Republished in The Congressional Record,
March 16, 1972: E 2675-79. (Cong. Les Aspin.) Resources for the
Future, Inc., The Property Tax is a Progressive Tax, Reprint No.
104, Oct., 1972], online at
www.schalkenbach.org/library/progressivet.pdf.
- One study calculated that "on
average, a one percentage point increase in the tax (buildings :
land) differential will yield an increase in the total value of
construction of 17.8 percent." Tideman, Nicolaus and Florenz
Plassman, "A Markov Chain Monte Carlo Analysis of the Effect of
Two-Rate Property Taxes on Construction," Journal of Urban
Economics 47(2)216-247. This researcher found that a $128
million highway investment of eleven miles generated additional land
value of $3.734 billion within a limit of two miles on either side.
"Value Capture as a Policy Tool in Transportation Economics: An
Exploration in Public Finance in the Tradition of Henry George,"
The American Journal of Economics and Sociology,
60(1)195-228 (Jan. 2001); reprinted in Laurence S. Moss (ed.), City
and Country. Malden MA: Blackwell Publishers, 2001.
www.urbantools.net /
pdf/ValueCaptureAsAPublicFinanceTool-BillBatt.pdf. Still a third
study compares state tax burdens and their economic plights, and New
Hampshire, which has a tax bearing most heavily on land values
(albeit in the form of the conventional tax on real property) fares
favorably with states that rely more generally on a balance of
income, sales, and property taxes. See "The Income-Stimulating
Incentives of the Property Tax," by Mason Gaffney and Richard
Noyes, in The Losses of Nations: Deadweight Politics versus
Public Rent Dividends, Fred Harrison, Editor. London: Othila
Press, 1998, also at
www.cooperativeindividualism.org/gaffney_noyes_lossesofnations1.html
. Fortune Magazine published an article in August, 1983, titled "Higher
Taxes that Promote Development," reprinted at
www.cooperativeindividualism.org/breckenfeld_on_land_value_taxation.html
- By far the largest proportion of
land value is in cities, typically upwards of 90 percent, and the
ability to accurately assess such parcels is very much dependent
upon data on adjacent sites. The official handbook of The
International Association of Assessing Officers states (p.547) that
"the chief measure of uniformity [in aggregate analysis] is the
coefficient of dispersion (COD), which, depending on the nature of
the properties involved, should not exceed 10.0-15.0 for residential
properties, 15.0-20.0 for commercial properties, and 20.0 for vacant
[i.e., rural] land." Joseph K. Eckert, et al, Property
Appraisal and Assessment Administration, Chicago: IAAO, 1990. The
revolution in computerized assessment is fast making such tolerances
far too generous, and will soon in fact at least be halved.
- Personal conversation with James
Dunne, Director, Policy Unit, NYS Office of Real Property Services,
January 29, 2007; personal conversations with Ted Gwartney,
Assessor, Greenwich, CT, January 30, 2007, and Matthew Harris,
President, Geotrends (www.geotrends.net/), Austin, TX.
- Michael Hudson, "The
Land-Residual vs. Building-Residual Methods of Real Estate
Valuation: Some Prefatory Remarks to the N.Y.U. Real Estate
Institute," Oct. 25, 2001, www.michael-hudson.com/.
- This researcher has collected
data on some 2,700 of the 10,000 assessment districts in the nation,
and calculated the mean land aggregate land value of each of those
districts. The mean of all those total means is approximately 39
percent land value. My city of Albany had a percent land value for
the total 28,000 parcels of a bit over 17 percent. The residential
parcels taken separately had an aggregate 18+ percent land value;
the non-residential parcels a bit over 11 percent. One can
understand how it is more advantageous to be able to depreciate 80
or 90 percent of a real estate asset rather than, say, 50 percent. A
recent study found that land's share of single family housing in the
top 46 metropolitan regions aggregated was about 51% in 2004,
ranging from 23.3% in Oklahoma City to 88.5% in San Francisco (See
Tables 6a-6g); the New York area was 67.4%; Rochester was 28.1%;
Buffalo 28.7%. Outside these top regions the aggregate average was
27% in 2000. See Morris A. Davis and Michael G. Polumbo, "The
Price of Residential Land in Large US Cities," Federal Reserve
Board, Washington, DC, May, 2006.
- Report of the New York State
Commission for the Revision of the Tax Laws, February 15, 1932.
(Popularly known as the Mastick Commission Report after its
Chairman, Seabury Mastick), p.37.
- For an extensive discussion of
the history of Assessment in New York City, see Mason Gaffney's
newly published New Life in Old Cities, available in hard
copy at www.schalkenbach.org/store.php and online at
www.masongaffney.org/workpapers/2006_New_Life_in_Old_Cities.pdf.
- State Tax Policy & Senior
Citizens: Second Edition, Washington: National Conference of State
Legislatures, 1994; David Baer, State Programs and Practices for
Reducing Residential Property Taxes, Washington: AARP, 2003;
www.aarp.org.ppi; and "Research Memo," by Don C. Richards,
Senior Research Analyst, Wyoming Legislative Service Office, July
14, 2006.
- For graphics showing
differential land value of Tompkins County, NY, prepared by this
researcher, see www.taxpolicy.com/batt/ . City land values are also
reflected in its skyline: tall buildings, high land values.
- Ted Gwartney, "A Free
Market Strategy to Reduce Sprawl," Groundswell,
www.progress.org/cg/tedg00.htm Even in the five boroughs of New York
City, normally thought to be densely developed, 7.5% of its land, or
18.6 square miles, is vacant. NYU Furman Center for Real Estate and
Public Policy, cited at www.progress.org/2005/davies35.htm.
- In 1982, Harrisburg,
Pennsylvania was adjudged the second most depressed city in the
nation under Federal distress criteria. Since that city's phase-in
of ever greater tax rates on land than on improvements, Mayor
Stephen Reed notes that "Harrisburg has registered in excess of
$3.1 billion in new investment. The number of businesses on the
City's tax rolls has increased from 1,908 to more than 5,900.
Taxable real estate values have increased from an aggregate of $212
million to over $1.6 billion. The number of vacant properties has
been cut by 85%." (Letter to Philadelphia Controller, May 1,
2003.)The crime rate has been reduced 54% and the fire rate has
dropped over 76%. Mayor Reed, re-elected continually since 1982, was
just named one of the world's most outstanding mayors.
www.worldmayor.com/results06/profile_harrisburg.html. The City's tax
rate on land values is six times the rate on improvements. Twenty
other Pennsylvania cities are now following suit. www.urbantools.org
. Renewed interest in LVT is coming from many quarters; Joseph
Haslag, a University of Missouri Economist, has recent issued
sseveral papers through the ShowMe Institute,
www.showmeinstitute.org.
- A. 127 - Requiring localities to
assess every 10 years or S. 1054 requiring localities to assess
every three years; A. 1015 - Creates a "Blue Ribbon Commission"
which includes provisions to review assessment practices as well as
real property taxation in general; A. 1572 - Constitutional
Amendment requiring assessment continuity; A. 1573 - Authorizes
assessors to grant certain retroactive non-profit exemptions under
certain conditions; and A. 1574 - Assessments of Condominiums and
Cooperatives.
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