Fort Collins resident tells Larimer County commissioners tax‑increment financing has become unconstitutional

Eric Sutherland, a Fort Collins resident who spoke during the public‑comment period at the Larimer County commissioners' meeting on March 3, urged the board to address what he called an ongoing problem with tax‑increment financing (TIF).

Sutherland told commissioners that changes in state law after litigation involving the county and another town have effectively converted TIF from a debt‑financing mechanism into a source of general‑fund revenue. "When it becomes general fund revenue, it's clearly unconstitutional," he said, adding that the Supreme Court’s dicta in earlier urban‑renewal cases indicated such a use would be impermissible. He also said local practice allows municipalities and urban‑renewal authorities to capture property‑tax growth in ways he described as a "minefield" that harms taxpayers.

Sutherland referenced prior litigation, including attorneys' positions in local cases and a 45‑year‑old state constitutional review, and suggested the county consider structural changes to property taxes rather than tolerate continued TIF use. "If you can lose 6% of your property tax revenue to these TIF scams, maybe what we really need is a 10% property tax cut overall in Larimer County and get rid of the TIF," he said.

The board did not engage in extended discussion of Sutherland's remarks during the meeting; the chair closed public comment after confirming there were no additional speakers. The remarks were not addressed later in the open session by county attorneys or commissioners.

Sutherland's assertions refer to contested legal and policy questions about how TIF is implemented and how state law applies; the county did not announce any immediate staff action or formal response during the meeting.