Knox County Ex Rel. Kessel v. Lenoir City

837 S.W.2d 382, 1992 Tenn. LEXIS 505
CourtTennessee Supreme Court
DecidedJuly 27, 1992
StatusPublished
Cited by14 cases

This text of 837 S.W.2d 382 (Knox County Ex Rel. Kessel v. Lenoir City) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Knox County Ex Rel. Kessel v. Lenoir City, 837 S.W.2d 382, 1992 Tenn. LEXIS 505 (Tenn. 1992).

Opinions

OPINION

DAUGHTREY, Justice.

In this appeal, we are asked to declare unconstitutional a private act passed in 1970 that governs distribution of tax-equivalent payments on property owned by the Lenoir City Utilities Board. The utility provides electric service both in Loudon County (where Lenoir City is located) and in portions of adjacent Knox County. Under the terms of Chapter 205 of the Private Acts of 1970, the entire amount of the tax-equivalent payments assessed to the utility is paid to the municipality of Lenoir City, even though some of the property giving rise to the payments is located in Knox County.

Seeking to share in the distribution of these payments, Knox County brought suit for a declaratory judgment, claiming that Chapter 205 of the Private Acts of 1970 violates Article XI, Section 8 of the Tennessee Constitution. That provision of the state constitution reads as follows:

The Legislature shall have no power to suspend any general law for the benefit of any particular individual, nor to pass any law for the benefit of individuals inconsistent with the general law of the land; nor to pass any law granting to any individual or individuals, rights, privileges, immunities, or exemptions other than such as may be, by the same law extended to any member of the community, who may be able to bring himself within the provisions of such law....

The chancellor held that Chapter 205 is constitutional, and the plaintiff appealed. We agree with the chancellor’s decision and affirm.

We begin our analysis with the firmly established rule that in order for the provisions of Article XI, Section 8 to come into play, the local act under attack must contravene some general law that has mandatory, statewide application. Leech v. Wayne County, 588 S.W.2d 270, 273 (Tenn.1979). Hence, the specific question before us is whether Chapter 205 conflicts with a provision of the current tax equivalents statute that has mandatory, statewide application.

The 1969 Municipal Electric System Tax Equivalent Law, in effect at the time Chapter 205 was adopted, specifically authorized the distribution of tax equivalents pursuant to private acts. A section of that 1969 statute, now superseded, provided as follows:

Nothing in this [statute] shall be construed to change or amend in any way any private act as now or hereafter enacted which provides for payments in lieu of local taxes on the electric system or electric operations of any municipality to which such act relates, and such private acts as from time to time amended shall remain in full force and effect notwithstanding the provisions hereof.

T.C.A. § 7-52-306 (1969). Hence, insofar as Chapter 205 may have conflicted with the 1969 tax equivalents law, it was not subject to constitutional challenge under Article XI, Section 8 because, by its own terms, the 1969 statute was not intended to have mandatory, statewide application.

By 1987, however, the Tennessee General Assembly had apparently decided that there should be some degree of uniformity created with regard to tax-equivalent payments. As a result, it passed the “Municipal Electric System Tax Equivalent Law of 1987,” Acts 1987, Ch. 84, codified as T.C.A. §§ 7-52-301 — 310. Knox County now argues that this statute is a “general law” for state constitutional purposes and that Chapter 205, affecting only the distri-[384]*384button of payments to Lenoir City, is therefore unconstitutional under Article XI, Section 8, because these payments are not distributed in compliance with the general law.

Superficially, at least, this argument appears to have merit. In the purpose and construction section of the 1987 Act, the stated purpose of the new legislation is “to provide the complete law of this state with respect to payments in lieu of taxes on the property and operations of all [municipal] electric systems_” T.C.A. § 7-52-302(a). This same section also reflects a legislative intention to “repeal the specific provisions of any private act or home rule charter or metropolitan government charter ... relating to payments in lieu of taxes.” Id. But a close reading of the full provision reveals that the term “complete law” does not preclude the validity of all private acts affecting distribution of payments. Rather, the intent to repeal such private acts is qualified by § 7-52-302(a), as follows:

(a) The purpose of this part is to provide the complete law of this State with respect to payments in lieu of taxes on the property and operations of all electric systems owned and operated by incorporated cities or towns, by counties, and by metropolitan governments, and to repeal the specific provisions of any private act or home rule charter or metropolitan government charter, or any part thereof, relating to payments in lieu of taxes including certain provisions relating to the distribution of any such payments, but not to repeal any other provisions of such private acts or charters or parts thereof.

T.C.A. § 7-52-302(a) (emphasis added).

The statutory provisions that follow address two questions: how much is to be paid in lieu of taxes (calculation of payments) and to whom the payments must be distributed when more than one taxing jurisdiction is involved (allocation of payments). The formulas for calculation of payments in the 1987 Act differ somewhat from those in the superseded statute; they now appear in T.C.A. § 7-52-304. Except for a new provision in § 7-52-305, regarding the effect of amendatory contracts tendered to a municipality by the Tennessee Valley Authority, the remaining substantive provisions of the 1987 Act govern distribution. It is these sections, therefore, that control the question of allocation of the tax equivalents in this case between Knox County and Lenoir City.

Most of the distribution provisions in the 1987 Act reflect a legislative intent to control the terms of calculation but to allow flexibility with regard to allocation. T.C.A. § 7-52-306, for example, permits competing taxing jurisdictions to “make and perform contracts for distribution among them of the aforementioned tax equivalent amounts.” The parties to such contracts “may provide for ... distribution on any basis which is satisfactory to the contracting parties,” but the contract must be “consistent in all respects with the [calculation] provisions of ... § 7-52-304.” This section also validates all contracts and “established arrangements”1 for distribution that were in existence on the effective date of the 1987 Act.

The next section, entitled “payments to taxing jurisdictions,” sets out the prescribed statutory method for allocating payments between or among taxing jurisdictions in which electric service is provided by a utility.

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Knox County Ex Rel. Kessel v. Lenoir City
837 S.W.2d 382 (Tennessee Supreme Court, 1992)

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Bluebook (online)
837 S.W.2d 382, 1992 Tenn. LEXIS 505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knox-county-ex-rel-kessel-v-lenoir-city-tenn-1992.