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DOI 10.1515/cjpp-2012-0007 Calif. J. Politics Policy 2012; 4(2): 161–191 Commentary Michael K. Gervais*, Dontae Rayford In Pursuit of Equity in Property Tax Allocation: Discussing the Flawed Implementation of Proposition 13** Keywords: California politics; property tax; Proposition 13; taxes; tax revolt *Corresponding author: Michael K. Gervais, J.D. 2011, Yale Law School, e-mail: michael.gervais@aya.yale.edu Dontae Rayford: Digital Payments Professional, e-mail: dontae.rayford@gmail.com 1 Introduction On November 2, 2010 – nearly 30 years after his previous stint as governor – Californians gave Jerry Brown another chance. When Brown began his third term as California’s governor in January 2011, he faced a challenge to fix a state that many feel is beyond repair – smothered by the rambunctious growth of both its economy and government. California is already known for its perpetual budget problems, but the recent national recession has put the state under incredible fiscal pressure. Californians require greater state services as a safety net, while contributing less revenue through income tax. Localities face the same pressures, as well as painful cuts from the state. At least one city has gone bankrupt.1 Given that California is teetering on a financial precipice with an estimated $28.1 billion budget deficit, Brown has signaled his willingness to focus gubernatorial scru- tiny on one measure passed during his first term as governor – Proposition 13 – which people in California and beyond have long assumed to be sacrosanct. As a candidate during the 2010 election cycle, Brown shocked Sacramento when he hinted at his readiness to touch what is known as the third rail of ** This article first appeared in the Virginia Tax Review in Spring 2011. 1 Carolyn Jones, Vallejo votes to declare Chapter 9 bankruptcy, S.F. Chronicle, May 7, 2008, at B1.

california journal of politics and policy

In Pursuit of Equity in Property Tax Allocation: Discussing the Flawed Implementation of Proposition 13**(**This article first appeared in the Virginia Tax Review in Spring 2011.)