The Independent Cattlemen of Nebraska is considering a class action lawsuit against the state of Nebraska on property tax reform. Omaha attorney Dave Domina is leading the legal effort after successfully arguing the 1992 case of Jaksha vs. the State of Nebraska, where the state Supreme Court declared part of the property tax law unconstitutional. He says the current case is based on a flaw in the state constitution which mandates the state provide education, but does not dictate property taxes as the funding source.
Domina says in the 1992 case the unicameral was forced to pass legislation to fix the unconstitutionality of the property tax law. However, he says it was just a band aid and needs to be addressed. So far, state lawmakers have been unable to agree on a remedy, so he says legal action may be necessary
Past State Senator Al Davis is also helping to lead the property tax reform effort because he says Nebraska has the highest property taxes in the country.
Davis, co-founder of the Independent Cattlemen of Nebraska, says bills have been written to reform property taxes, but over the last year lawmakers have been unable to make any progress with them.
Domina will be speaking on the subject at the ICON Annual Meeting Saturday in Valentine.
