Feedback Forms Questions #2

Additional information based on comments on the feedback forms.

Why isn’t the value of a home considered when special assessments are levied?

The courts have been very clear that the assessment must be uniform across the same class of properties in an assessed area. Because single-family residences are in the same class of properties and receive the same benefit of a new street, home valued at $300,000 and $600,000 in a project area would have the same special assessment.

Can the City refund residents who have been previously assessed for street reconstruction?

No; the State Statute that allows the City to assess for public improvements is very clear on this matter. If the special assessments were validly levied and collected, there is no way for the City to refund previously paid special assessments. If the City made a mistake in the assessment, finds the assessment to be excessive, or hears from the City Attorney that the assessment is or may be invalid, the City Council may reassess affected parcels.

If a change is made, could residents who are still paying off a previous special assessment be taxed differently?
Minnesota’s power of taxation is found in Article X of the Constitution of the State of Minnesota. The article states that taxes will be uniform. The City cannot tax properties of the same class differently based on the fact that they were previously subject to a special assessment. All single-family residential properties must have the same tax rate.

Thanks for the continued comments. Chad Millner, City Engineer