Attorney General J.B. Van Hollen Issues Formal Opinion Concerning Proposed Expenditures for Previously Planned City Projects in Connection with Tax Incremental Districts

MADISON — Attorney General J.B. Van Hollen today issued a formal opinion to Milwaukee County Corporation Counsel Kimberly R. Walker concerning approval of proposed expenditures for previously planned city street paving in connection with tax incremental districts under section 66.1105 of the Wisconsin Statutes. While emphasizing that freeing up city street paving dollars for a city's capital budget does not constitute a valid legal basis for approving such expenditures, Attorney General Van Hollen reasoned that such expenditures can be approved in connection with the initial creation of a tax incremental district or as part of an amendment to the project plan for an existing district if the expenditures meet the technical criteria found in section 66.1105(4m).

Formal and informal opinions issued by Attorney General Van Hollen are available here.

A copy of the Attorney General's opinion and request are available at the following link: