Concerned Citizens of Southeast Polk School District v. City of Pleasant Hill, Iowa, and the City Council of the City of Pleasant Hill, Iowa

878 N.W.2d 252, 2016 WL 1612935, 2016 Iowa Sup. LEXIS 49
CourtSupreme Court of Iowa
DecidedApril 22, 2016
Docket14–1362
StatusPublished
Cited by4 cases

This text of 878 N.W.2d 252 (Concerned Citizens of Southeast Polk School District v. City of Pleasant Hill, Iowa, and the City Council of the City of Pleasant Hill, Iowa) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Concerned Citizens of Southeast Polk School District v. City of Pleasant Hill, Iowa, and the City Council of the City of Pleasant Hill, Iowa, 878 N.W.2d 252, 2016 WL 1612935, 2016 Iowa Sup. LEXIS 49 (iowa 2016).

Opinion

MANSFIELD, Justice.

This case presents important issues relating to the use of tax increment financing (TIF) for economic development purposes. A citizens group and a school district havé challenged a city’s urban' renewal plan. They claim the plan violates Iowa law because it (1) unlawfully extends the duration of a TIF area, (2) unlawfully uses revenue from that TIF ■ area to support development in other parts of the city, and (3) fails to conform to the terms of the city’s general plan.

*254 Both the district court and the court of appeals rejected these challenges. On further review, we conclude that extending the duration of the TIF area was impermissible because that area had previously-been consolidated with other TIF areas and therefore no longer existed. Thus, the old TIF area could not benefit from a grandfather provision in a 1994 Iowa law that otherwise limited such TIF arrangements to twenty years’ duration. We further hold that revenue may be shared within the consolidated, larger TIF area, subject to the time limits set forth in the 1994 Iowa law. Lastly, we agree that the urban renewal plan and the city’s general plan were not inconsistent with each other. For these reasons, we vacate the court of appeals decision, affirm the district court judgment in part, reverse in part, and remand for further proceedings.

I. Background Facts and Proceedings.

Iowa Code chapter 408 covers urban renewal in Iowa. Under that chapter, the governing body of the municipality must first determine by resolution that an area is “a slum area, blighted area, economic development area or a combination of those areas.” Iowa Code §§ 403.5(1), .17(23) (2013). This area, having been designated as appropriate for a renewal project, is known as an urban renewal area (URA). Id. The municipality also must prepare or cause to be prepared an urban renewal plan that lays out proposed projects for “the development, redevelopment, improvement, or rehabilitation” of the designated URA. Id. §§ 403.5(2)(a), .17(24).

The governing body submits the urban renewal plan to the municipality’s planning commission for review and recommendation as to whether it complies with the general plan of development for the municipality. Id. § 403.5(2)(a). The governing body then holds a public hearing on the plan. Id. § 403.5(3). After the hearing, the governing body may approve the plan. Id. § 403.5(4). The plan may be modified at any time, subject to the hearing process if the modification will require an increase in debt service or other issuance of indebtedness. Id. § 403.5(5).

Chapter 403 also authorizes a unique form of financing for urban renewal projects. This is known as tax increment financing (TIF). Id. § 403.19. TIF works on the theory that any projects completed in the URA will increase the taxable value of the properties included within the area. Upon approval of a TIF district, the assessed value of the properties within the district is frozen for purposes of normal tax assessment by the municipality. Id. § 403.19(l)(a). Then, the tax collected for any enhanced value above this base is allocated to a separate fund designated to pay for any indebtedness incurred to complete the improvements. Id. Presumably, that is because the improvements bring about the increased property value. “In theory, the process is a closed circuit: the incremental revenues pay for the public expenditures, which induce the private investment, which generates the incremental revenues, which pay for the public expenditures.” Richard Briffault, The Most Popular Tool: Tax Increment Financing and the Political Economy of Local Government, 77 U. Chi. L.Rev. 65, 68 (2010) [hereinafter Briffault].

After the project debt has been paid through the allocation of TIF revenues, any increased tax revenue thereafter goes to the normal taxing districts. Iowa Code § 403.19(2)(c). By its nature, TIF diverts property tax revenue that would otherwise be available to the regular taxing districts. See Briffault, 77 U. Chi. L.Rev. at 88 (“From a municipal perspective, TIF is far better than either tax abatement authority *255 or revenue-enhancement authority because it permits the capture and use for municipal economic development projects of revenues that would have gone to these other governments.”). Potentially, TIF can lead to controversy because a city or town’s use of TIF results in less money going to the county and the school district in that area. See Brad Perri,' Note, Financing the Future: Interpreting the “Economic Development Area” Provision of the Iowa TIF Statute, 50 Drake L. Rev. 159, Í61 (2001); see also Briffault, 77 U. Chi. L. Rev. at 88-90.

Until 1994, TIF arrangements were not subject to any time limit. In that year, the legislature amended the law, limiting TIF revenue division for economic development areas, bút not slum or blighted areas, to twenty years. 1994 Iowa Acts ch. 1182, § 8 (codified as amended at Iowa Code § 403.17(10)). 1 Yet the same amendment altered the wording of the TIF law to allow the tax valuation freeze to be used through the entire URA rather than only within the portion of the URA where the project was being constructed. Id. § 10 (codified as amended at Iowa Code § 403.19(2)(a)); cf. Richards v. City of Muscatine, 237 N.W.2d 48, 61 (Iowa 1975) (holding that under prior law the statute “can be applied to freeze the tax valuation only in areas being physically redeveloped by an urban renewal project”). Thus, the municipality could now freeze valuation for an entire urban renewal area rather than just the project area, but such valuation freeze was limited to twenty years in economic development areas.

The twenty-year limitation applied. to “urban renewal plans approved ... on or after January 1, 1995.” 1994 Iowa Acts ch. .1182, .§ 15. On June 28, 1994, the Pleasant Hill City Council adopted resolutions establishing Urban Renewal Area ■No. 1 (the “Copper Creek URA”) and an urban renewal plan (“Plan”) for the Copper Creek URA. The Plan envisioned that a golf course and single- and multi-family housing would be constructed in the northwest corner of the City. The Plan provided it would remain in effect for twenty years and for any additional 'time while “obligations payable from incremental taxes are outstanding.” The Plan also stated,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
878 N.W.2d 252, 2016 WL 1612935, 2016 Iowa Sup. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/concerned-citizens-of-southeast-polk-school-district-v-city-of-pleasant-iowa-2016.