01/11/2026
California courts’ rulings may expand local taxing powers despite Prop. 13 protections
Since 1978, California’s Proposition 13 has limited property taxes and required two-thirds voter approval for local special taxes. Recent court rulings, including the 2017 California Cannabis Coalition v. City of Upland decision, have created legal ambiguities that allow special interests to pursue local taxes with lower voter thresholds, notably in cities like Los Angeles with Measure ULA, which imposes a substantial transfer tax on properties over $5 million. Supporters argue that these measures fund important programs, including homelessness services, and allow localities to raise revenue for community needs without waiting for state action. The appellate court language potentially broadens the ability of charter and general law cities to impose various transfer or parcel taxes, which could generate significant local revenue.
Critics, including the Howard Jarvis Taxpayers Association, warn that these rulings weaken voter protections and Prop. 13’s intent, exposing property and business owners to potentially escalating local taxes without the original two-thirds voter approval. This could disproportionately affect higher-value and commercial properties, and incentivize future “split-roll” taxes targeting business or parcel-specific rates. The association is advocating for a constitutional amendment to restore Prop. 13 protections and cap transfer taxes, highlighting the ongoing tension between local revenue needs and taxpayer safeguards. For Californians, the practical implications include higher property costs, increased transaction taxes, and potential legal uncertainty when selling or owning real estate in cities that may exploit these rulings.
Source:
https://www.quorum.us/outbox/view_in_browser/569795-S-74890929-NR50VAQMA0UG5SOCTLFK2F9OS1VD317L/