Constitutional caps, rollbacks and the vote requirements for exceeding them.
Esshaki Legal Media TeamCurrent as of February 2025
State constitutional and statutory limits constrain how much property tax a
local government may levy, and the mechanics are technical.
Authorized millage is capped by charter or statute, with additional millage
requiring voter approval for a stated purpose and term.
Rollback provisions reduce the authorized rate when total assessed value in
the unit grows faster than inflation, so that the levy does not increase
automatically with valuation. Restoring a rolled-back rate typically requires
voter approval.
Truth in taxation requirements mandate notice and hearing before adopting a
levy that would raise more revenue than the prior year, exclusive of new
construction, with prescribed notice content and publication timing.
Assessment caps in some states limit annual growth in taxable value for
property that has not transferred, with the value uncapping on a transfer of
ownership.
Exemptions and abatements reduce the base and shift burden, which is why
abatement decisions attract scrutiny from other taxing units that share the
base.
Special assessments and fees are outside the millage limits, which creates
pressure to characterize charges as fees. That characterization must survive the
analysis distinguishing a fee from a tax, and getting it wrong produces refund
liability across every payer.