Wayne County faces over 100 million liability from tax ruling

In a recent government meeting, officials discussed significant financial developments concerning the Delinquent Tax Revolving Fund (DTRF) and the implications of a recent court ruling on property tax foreclosures. The DTRF reported a $24.2 million increase in total net position, rising to $227.5 million as of September 30, 2023, compared to $203.3 million the previous year. The fund's assets, totaling $406 million, are fully pledged as collateral for tax revenue repayment.

Commissioners noted a substantial increase in transfers to the general fund, which rose from $6.5 million in fiscal year 2023 to $30 million in fiscal year 2022. However, future transfers are expected to decline. The discussion highlighted the need for a clear formula to calculate surplus DTRF funds that could be transferred to the general fund, emphasizing the importance of identifying these surpluses before the annual budget preparation.

A key point of contention arose from the recent Michigan Supreme Court ruling in the Rafaeli case, which determined that property owners whose properties were sold for more than the owed taxes should receive the excess funds. This ruling has led to an estimated liability of over $100 million for the county, prompting concerns about its impact on the DTRF and the necessity for a comprehensive understanding of the fund's surplus.

Commissioners expressed frustration over the lack of clarity regarding surplus calculations, a topic that has been debated for years. They called for more decisive action from the treasurer's office to establish a transparent process for determining and declaring surplus funds.

Additionally, the meeting addressed the ongoing construction of the new Criminal Justice Complex (CJC), which has seen its projected costs balloon from an initial budget of $533.6 million to approximately $654 million. The county's share of these costs has increased significantly, raising concerns about financial management and accountability in light of previous cost overruns.

Overall, the discussions underscored the need for improved financial oversight and clearer communication regarding the management of public funds, particularly in light of recent legal developments and ongoing infrastructure projects.