The District acquired 87 unbuildable tax delinquent Incline Village properties from Washoe County in October of 2012 and early 2013. That acquisition was secured based upon staff’s misrepresentation that the subject properties would be held for “open space” public purposes. … Continue reading →
In a word no! As we’ve elsewhere discussed, central services represent The “core services almost all (governments require in order)…to support their operations and mission provided by a central service provider.” And in Nevada, the costs associated with those services … Continue reading →
Courts have oftentimes been asked to define the characteristics of a “tax,” and how they differ from other kinds of monetary exactions such as “fees.” The distinction is one that is not always observed with nicety in judicial decisions. Notwithstanding, … Continue reading →
As elsewhere stated, according to Emerson College v. City of Boston, 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 exchange … 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 →
Given NRS 318.197(1) gives GID Boards the power to fix “rates, tolls and charges,” here the question: are there limits on the “fees” a GID Board is authorized to fix and change, and if so, what are they? As with … Continue reading →
As stated elsewhere, all general improvement district (“GID”) Boards have the power to “Fix, and from time to time increase or decrease: electric energy, cemetery, swimming pool, other recreational facilities, television, FM radio, sewer, water, storm drainage, flood control, snow … Continue reading →
Well it depends upon what type of “fee” we’re talking about. For instance, Generic Fees: If it’s a generic “fee,” which no other statute specifically addresses, all that’s required is a mere Board majority. Water And Sanitary Sewer Fees: If … Continue reading →
In order to answer the query, we begin with the proposition Statutory Construction: the meaning of a statute begins and ends with its literal words. Thus where a statute’s language is plain and unambiguous on its face, it is inappropriate … Continue reading →
We have elsewhere discussed how the Legislature has instructed we construe the statutory powers a GID may exercise. Here we discuss how courts have instructed we construe statutes of all types which impact GIDs. Although there are a number of … Continue reading →