Category Archives: Fees
What is a “Fee?”
Because “rates (and) charges” aka “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 … Continue reading →
Circumstances Where The “Paid by Choice” Factor Applicable to Nearly Every “Fee” Can Be Disregarded
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 →
Circumstances Where Fees Not The Result of The Payor’s Choice Are Involuntarily Assessed And Collected
As elsewhere stated, one of the bases for differentiating “fees” from special assessments and taxes is the payment by choice factor. In other words, to be a “fee,” the party making payment retains the right to not receive the benefit allegedly furnished, … Continue reading →
Differences Between Fees, Taxes, And Special Assessments
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 →
The “Fees” General Improvement Districts (“GIDs”) May “Fix And From Time to Time Increase or Decrease”
Many are of the opinion all local governments are empowered to adopt any “fees” of their choosing simply because they’re “government.” In fact, in Incline Village/Crystal Bay this opinion seems to extend to monetary exactions of all kinds! To these … Continue reading →
What Are “Service Charges?”
Only because the District tells us The Recreation Facility Fee (“RFF”) and Beach Facility Fee (“BFF”) its Board adopts each year represent annual fiscal year “Recreation…Service Charges” for “the availability of the use of IVGID’s beaches; boat launch ramp; Championship … Continue reading →
What Are “Facility Fees” aka “Charges…For…Facilities Furnished?”
Only because the District tells us the Recreation (“RFF”) and Beach (“BFF”) Facility Fees its Board adopts each year are “facility fees,” And NRS 318.197(1) instructs that general improvement district (“GID”) Boards have the power to “Fix, and from time … Continue reading →
What Are “Availability of Service” Charges?
Only because the District tells us The Recreation Facility Fee (“RFF”) and Beach Facility Fee (“BFF”) its Board adopts each year represent “recreation service charges and standby service charges, for…the availability of the use of IVGID’s beaches; boat launch ramp; … Continue reading →
What Are “Service…Charges…For The Availability of” Facilities?
Only because the District tells us The Recreation Facility Fee (“RFF”) and Beach Facility Fee (“BFF”) its Board adopts each year…represent fiscal year “Recreation…Service Charges” for “the availability of the use of IVGID’s beaches; boat launch ramp; Championship golf course; Mountain … Continue reading →