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Different jurisdictions provide different degrees of protection under homestead exemption laws. Some protect only property up to a certain value, and others have acreage limitations. If a homestead exceeds the limits, creditors may still force the sale, but the homesteader may keep a certain amount of the proceeds of the sale.
Taxing jurisdictions may also offer temporary or permanent full or partial exemptions from property taxes, often as an incentive for a particular business to locate its premises within the jurisdiction. [51] Some jurisdictions provide broad exemptions from property taxes for businesses located within certain areas, such as enterprise zones. [52]
Other states, such as Arizona, are more strict and may exempt only $150 in a checking account comparatively speaking. Even further, other states have more moderate policies, with California's homestead exemption law providing between $300,000 to $600,000 of exempt equity in a homestead, depending on the county where the debtor is located. [2]
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The intent of the Homestead Act of 1862 [24] [25] was to reduce the cost of homesteading under the Preemption Act; after the South seceded and their delegates left Congress in 1861, the Republicans and supporters from the upper South passed a homestead act signed by Abraham Lincoln on May 20, 1862, which went into effect on Jan. 1st, 1863.
Sales tax rates have also increased from 6% (pre-Proposition 13 level) to 7.25% and higher in some local jurisdictions. [58] In 1991, the Supreme Court of California ruled in Rider v. County of San Diego that a San Diego County sales tax to fund jail and courthouse construction was unconstitutional. The court ruled that because the tax money ...
The homestead exemption amendment contained in Proposition 4, overwhelmingly approved by voters in November, increased from $40,000 to $100,000 the taxable value of a principal residence shielded ...