Raymond Voter Information Project

Article 29

Land Use Change Tax

Click HERE for direct link to the text of Town Warrant Article (revised at Town Deliberative Session Feb. 6, 2010).

Amended at Town Deliberative Session Feb. 6, 2010: To see

“To see” is a tool approved by the New Hampshire Supreme Court for use at Deliberative Sessions to negate warrant articles.

http://www.courts.state.nh.us/supreme/opinions/2008/grant020.pdf

Raymond Town Counsel has stated his opinion that it was illegal for the voters at Deliberative Session to amend this article and that Article 29 should be reinstated on the ballot. The Board of Selectmen at a meeting on February 17, 2010 reinstated this article to the town warrant in its entirety as follows:

Article 29. Shall we rescind the provisions of RSA 79-A:25-a which account for revenues received from the land use change tax in a fund separate from the general fund? Any unappropriated surplus remaining in the land use change tax fund, and any future land use change tax revenues shall immediately be deemed general fund revenue. (Ballot version)
This is a petition warrant article

On MONDAY February 22, 7 PM, the Board of Selectmen held a Public Hearing with regard to this article. Town Counsel was present to explain why the passage of Article 29 will have no effect. (1) Currently Land Use Change Tax (LUCT) revenue, set by voters on March 11, 2008, apportions 50% of LUCT revenue to the General Fund and 50% to the Conservation Fund.

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References:
1. Town Counsel Letter 2/19/2010 presented at 2/22/2010 Public Hearing on Article 29.

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