Louisiana Continuation of Homestead Exemption Act, Amendment 8 (September 2006)

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Louisiana Constitution
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Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIV
Louisiana Amendment 8 (Primary), also known as the Continuation of Homestead Exemption Act, was on the September 30, 2006 election ballot in Louisiana as a legislatively-referred constitutional amendment, where it was approved.[1]

Election results

Amendment 8, Primary
ResultVotesPercentage
Approveda Yes 482,964 79%
No130,18721%

Text of measure

The language that appeared on the ballot:

To be considered in the September 30, 2006 primary election. To authorize the continuation of the homestead exemption and the special assessment level where the homestead has been destroyed or is uninhabitable due to a declared disaster or emergency. (Adds Article VII, Sections 18(G)(5) and 20(A)(10))

HOUSE BILL NO. 34, FIRST EXTRAORDINARY SESSION, 2005

ACT 27 - House Bill No. 27, First Extraordinary Session, 2006 amends and reenacts Section 2 of Act No. 70 of the 2005 First Extraordinary Session of the Legislature to change the date on which the proposed amendment shall be submitted to the electors.

Proposed Constitutional Amendment authorizes an owner to keep a special assessment level of the homestead prior to its damage or destruction on the repaired or rebuilt homestead if the owner is unable to occupy the homestead on or before December 31st of a future calendar year due to damage or destruction of the homestead caused by a disaster or emergency declared, if the repaired or rebuilt homestead is reoccupied by the owner within 5 years from December 31st of the year following the disaster. Further provides that the assessed value of the land and buildings on which the homestead was located prior to its damage shall not be increased above its assessed value immediately prior to the damage or destruction. Proposed Constitutional Amendment prohibits a property owner from keeping the special assessment level on the damaged or destroyed property if the property owner receives a homestead exemption on another homestead during the same 5-year period, and requires the land and buildings to be assessed in that year at the percentage of fair market value set forth in this constitution. Further provides that the owner must maintain the homestead exemption set forth in the proposed constitutional amendment, Article VII, Section 20(A)(10), to qualify for the special assessment level.

Proposed Constitutional Amendment provides that any homestead receiving the homestead exemption that is damaged or destroyed during a disaster or emergency declared by the governor whose owner is unable to occupy the homestead on or before December 31st of a calendar year due to such damage or destruction shall be entitled to claim and keep the exemption by filing with the assessor prior to December 31st of the year in which the exemption is claimed an annual affidavit of intent to return and reoccupy the homestead within 5 years from December 31st of the year following the disaster. Further provides that only one homestead exemption shall extend or apply to any person in this state.

See also

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