BLAIR LEE III,

Acting Governor

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as to those instances a lien will arise in an amount which
will not even be determined until a later date!

If this measure merely provided, after appropriate
notice and an opportunity to be heard, for the
retroapplication of a tax, once the amount thereof was
determined, and for the prospective application of a lien we
would envision no constitutional objection to it. However,
here there is a lien which arises immediately and in an
undetermined amount, thereby leaving the property owner
wholly unable to dispose of his property pending the
ultimate determination of the amount of the lien. Clearly,
such a scheme constitutes a taking of property without due
process of law under the teachings of both Wolf and Barry
Properties.

Finally, we do not believe that this defective
provision is severable so as not to affect the validity of
the remaining portions of the statute. The Court of Appeals
has held that "[t]he true test of separability is. the
effectiveness of an act to carry out, without its invalid
portions, the original legislative intent in enacting
it...." Barry Properties v. Fick Brothers, supra, at 35—36.
The dominant aim of the bill is the creation of a lien on
land upon the occurrence of certain events that characterize
the land use as nonagricultural. As a result, the severance
of this provision would render the remaining portions of the
bill incomplete and ineffectual.

Accordingly, for the reasons herein stated, we advise
you that Senate Bill 680 is unconstitutional.
Very truly yours,
Francis Bill Burch
Attorney General

1 We are advised, however, that it is unlikely an
assessment hearing would occur before the date of
finality of the assessment which is when the lien would
arise under this provision of the bill.

Senate Bill No. 682 - Community Colleges — Annual
Operating Budget

AN ACT concerning

Community Colleges — Annual Operating Budget