County road-tax issue still up in the air

The reaction from at least two Cape Girardeau County commissioners to the state attorney general's opinion on the county's road and bridge fund was quick and crystal clear:

Jackson, if you want our money, you'll have to fight us for it.

There has been a bone of contention between Jackson and the county over the county's road and bridge tax. (It is the same situation in Cole County, which also was a party to seeking the attorney general's opinion.) To Jackson, it seemed pretty clear. The state law, quoted in the attorney general's opinion, reads:

"Any county of the first class not having a charter form of government shall expend not less than 25 percent of the money accruing to it from the county's special road and bridge tax levied upon property situated within the limits of any city, town or village within the county for the repair and improvement of existing roads, streets and bridges within the city, town or village from which such money accrued."

Like most of the legal language of most statutes, the law is confusing at first blush, but look closer and it becomes clearer: Cape Girardeau County fits the description, meaning 25 percent of anything the county collects from the road and bridge tax in Jackson should go back to Jackson's roads and bridges.

But the attorney general's determination involved the word "special," as in "special road and bridge tax." Did the "special" mean the first 35 cents per $100 assessed valuation allowed by another section of the law, or the extra 15 cents per $100 assessed valuation that can be enacted with a vote of the people? Cape Girardeau County doesn't have that extra 15 cents. The total levy is only 23 cents.

In short, the attorney general's opinion said "special" means the first 35 cents. What makes it "special" is that it is designated only for roads and bridges.

Furthermore, the decision goes on, it only makes sense to spend some portion of money collected inside a city on the roads and bridges in that city.

Shouldn't Jackson residents be assured that some of their money paid in will come back to benefit them? Or should they be expected to just pay for roads in the county outside the city limits?

However, the Cape Girardeau County commissioners are absolutely right about one thing. Even though it cites case law, the attorney general's opinion is only that: an opinion. It isn't binding in any way.

So, unless the commissioners concede, Jackson will have to fight for the money in court. One would hope it doesn't go so far as to have two governments spending taxpayer dollars to battle it out in court. The $80,000 -- at most -- Jackson would be entitled to under the ruling wouldn't go far in lawyer's fees and court costs.

Cape Girardeau is in its own special road district, which taxes residents in the city, and doesn't pay the tax to the county and isn't involved in this discussion.