02-28-2008 Charter Packet - Laserfiche WebLink

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2. MEASUREMENT AND ALLOCATION OF ASSESSMENTS. Chapter 429: Section 429.051 provides that cost "may be assessed upon property benefited by the improvement, based upon the benefits received, whether or not the property abuts on the improvement." Section 429.061 states that the clerk (with assistance of the engineer or other qualified person), shall calculate the proper amount to be assessed against each parcel, without regard to cash value. Otherwise, the spread of assessments is governed by case law. Generally, property must receive a "special benefit," measured by the increase in market value attributable to the improvement. Existing Charter: Generally consistent with Chapter 429. Indicates that the total assessment may not exceed the cost of the improvement, and assessments may not exceed the "benefits to the property." Section 8.01. Task Force Proposal: Substantially the same as Existing Charter. Charter Commission Proposal: Varies from Existing Charter and state law in three ways: Citizen Proposal: (i) As noted above, requires "direct benefit" to property that is "currently occupied." Substantially narrower than state law and Existing Charter. (ii) Requires a special benefit to "adjacent or nearby properties." Section 8.03, subdivision 1. Somewhat narrower than state law and Existing Charter, as benefit may not always depend on proximity to the improvement. (iii) Requires that assessments be imposed "uniformly on similar properties." Possibly narrower than state law and Existing Charter. Case law requires that assessments be uniform upon the same "class" of property, often restated as a requirement that the assessments on various properties be "roughly proportionate" to the benefits accruing. See, e.g., Anderson v. City of Bemidji, 295 NW2d 555 (Minn. 1980). Unclear how courts would interpret the specific language in the Charter Commission Proposal. Same as Charter Commission Proposal. 2