VALDOSTA, GA (WALB) - A group called Heron Lake II Apartments is suing the Lowndes Co. Board of Tax Assessors, over whether the value of tax breaks can be taxed by a local government.
They are appealing a Lowndes County judge's order that struck down a state law that benefited them.
At issue is a Georgia that statute prohibits tax assessors from considering tax credits given to low-income housing properties when determining a property's value for the purpose of taxing it.
Heron Lake II Apartments, L.P. receives federal and state low-income housing tax credits for leasing to low-income tenants at below-market levels.
The Lowndes County Board of Tax Assessors filed a suit claiming that was unconstitutional.
The apartment owners' attorney argues that the only "real property" subject to taxation is "tangible" real estate and that "intangible" rights, interests, and benefits are not part of real property for the purpose of determining ad valorem property taxes.
Heron Lake is represented by Edward Preston, while Lowndes County is represented by Walter Elliott and William Elliott.