February 23, 2007
TIF Articles may violate state law
Town's failure to comply with state RSA may negate voting results in March

GOFFSTOWN - Voters in March may no longer have to decide whether or not to support the three Tax Increment Financing (TIF) articles (22, 23 & 24) at this year's Town Vote, as it was alledged yesterday that those articles appear on the Town Warrant in violation of state law.  State RSA 162:K-9 (III) governing the establishment of TIF districts mandates that prior to formation of a TIF district, the town must provide the county and school board with the opportunity to meet with the town to discuss information regarding fiscal and economic implications of the proposed development district. 

At such meetings, county commissioners and the school boards can present their recommendations at public hearings. The law also states that a TIF plan may include agreements with the county and school boards to share a portion of the captured tax increments of the district. 

However, it appears none of these requirements were met by the Town.

As a result, Articles 22, 23 and 24 may not legally enforceable, rendering the passage or failure of those articles moot. 

NOTE: THE VALIDITY OF ARTICLES 22, 23 & 24 WAS RECENTLY CHALLENGED BY THE GOFFSTOWN SCHOOL DISTRICT AS APPEARING ON THE TOWN WARRANT IN VIOLATION OF STATE RSA 162-K:9, POTENTIALLY RENDERING THEIR SUBSEQUENT PASSAGE OR FAILURE UNENFORCEABLE.  PLEASE VOTE ON THESE ARTICLES NEVERTHELESS ON MARCH 13TH.   (Click here for more information...) 

RELATED INFORMATION:

Union Leader article of 2/24/07