Special assessments are “Compulsory charge(s) placed…upon real property within a pre-determined district [known as a special improvement district (‘SID’)] made under express legislative authority for defraying, in whole or in part, the expense of…permanent public improvement(s)” such as streets, sidewalks, curbs and … Continue reading →
Nev. Const. Art. 8, Sec. 8: As elsewhere discussed, we begin our analysis with the Nevada Constitution given it “is the ‘supreme law of the state which ‘control[s] over any conflicting statutory provisions.’” Nev. Const. Art. 8, Sec. 8 instructs that the … Continue reading →
Nev. Const. Art. 8, Sec. 8: As elsewhere discussed, we begin our analysis with the Nevada Constitution given it “is the ‘supreme law of the state which ‘control[s] over any conflicting statutory provisions.’” Nev. Const. Art. 8, Sec. 8 instructs that the … Continue reading →
Please refer to our discussion of this topic at https://ivgid101.com/how-fees-differ/. And now you know!
Continue reading →Because “fees” represent such large percentages of the revenues collected by the Incline Village General Improvement District (“IVGID”), we believe it important to understand what these monetary exactions actually represent. And their authority for assessment. And against what/whom they are … Continue reading →
An otherwise legitimate “fee” can be transformed into an impermissible special “tax” because “The Legislature’s law-making authority is…not unlimited (and)…courts are obligated to enforce the limitations that the Constitution imposes upon legislative acts,” Here we examine the circumstances under which … Continue reading →
As elsewhere stated, according to Emerson College v. City of Boston, at 391 Mass. 415, 424-425, 462 N.E.2d 1098, 1105 (1984), fees “based on the rights of (a governmental) entity as proprietor of the instrumentalities used,” are: 1. Charged “in … Continue reading →
As we’ve elsewhere observed, courts have oftentimes been asked to define the characteristics of a “fee” and how they differ from other kinds of monetary exactions (such as “taxes” and “special assessments”). The distinction is not one that is always … Continue reading →
Many are of the opinion all local governments are empowered to adopt any “fees” of their choosing simply because they are “governments.” In fact, in Incline Village/Crystal Bay this opinion extends to monetary exactions of all kinds as long as … Continue reading →