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County attorney: legal paths to alter PILOTs exist but are limited; will research specifics

Shelby County Board of Commissioners - Pilot (Payment in Lieu of Taxes) Committee · September 19, 2024
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Summary

County Attorney Megan Smith told the committee she will review specific statutes and authorizing documents before advising on whether county bodies can change PILOT terms, noting state law will largely govern the available options.

Megan Smith of the County Attorney's Office told the committee she would not offer off-the-cuff legal opinions in the meeting and that she will review the governing statutes and authorizing documents before advising on possible paths to modify PILOT terms or board authority.

"State law will govern in large part how this is handled," Smith said, adding that she will take commissioners' questions and circulate more specific guidance after a legal review. Committee members asked whether local legislative bodies could adopt criteria or limit powers previously delegated to industrial development boards and similar entities; Smith said she would examine the authorizing resolutions and state statutes and return with options.