“This is good, but not the end.”
Placitas resident Mike Neas Wednesday expressed relief that a local flood control authority board is looking for a solution to an overtaxation issue that has caused property owners to pay hundreds of thousands of dollars more than they should have. Neas, who earlier this month filed a formal complaint with the New Mexico Finance Authority over the issue, says the effort now moves toward getting reimbursed.
The Eastern Sandoval Arroyo Flood Control Authority (ESCAFCA) board of directors has approved a resolution that declares it will no longer tax Placitas residents, and will notify the appropriate county and state authorities of its intent. The resolution further authorizes ESCAFCA officers and staff to take any necessary actions to ensure the tax is halted.
“This resolution is a start, but they need to reimburse the money that does not belong to them, and it must be returned to individual taxpayers,” taxpayer Tom Ashe said. “I have calculated how much I have overpaid and it’s in the thousands. This is a real injustice, and I’m looking forward to a final resolution.”
The saga dates back to 2011, according to the Eastern Sandoval Citizens Association. HB306, passed that year, removed Placitas from ESCAFCA’s taxing authority, but stipulated that Placitas would pay its share of the agency’s accrued debt until it was retired. That payoff occurred in 2023, but Placitas residents’ 2023, 2024, and 2025 tax bills continued to show ESCAFCA charges. ESCA leaders say the overpayments might be as high as $900,000.
The organization retained an attorney after the third year of paying the extra tax. Robert J. Desiderio presented to the board members a letter asking ESCAFCA to immediately forward the resolution to the New Mexico Department of Finance and Administration (DFA) and the property tax division of the New Mexico Taxation and Revenue Department. Desiderio also wrote that he plans to work with ESCAFCA and other agencies to get back the excess money that has already been paid.
Bernalillo Mayor Jack Torres sits on the ESCAFCA Board of Directors. He told the Sandoval Signpost earlier he was frustrated with the situation, but the agency wasn’t authorized to remove the tax to do anything about it. Torres said the board sent letters to Sandoval County authorities and to the DFA seeking a way forward. Sandoval County Manager Wayne Johnson said tight state-imposed deadlines didn’t leave the county adequate time to verify information for the tax certificates it approved.