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Unlike Nearly Every Other Fee Imaginable, The District’s Recreation (“RFF”) And Beach (“BFF”) Facility Fees Are Involuntarily Assessed

IVGID 101 Posted on by

Meaning if you’re a local parcel owner, you have no choice when it comes to payment! Don’t believe us? Take a look at Policy No. 16.1.1.1.0 which instructs:

“The Incline Village General Improvement District will charge the prescribed Recreation Fee, and if applicable the Beach Fee, to all qualifying real properties in one of (three)…categories: 1. All dwelling units on developed residential parcels; 2. All commercial parcels; and, 3. All undeveloped residential parcels which are not designated as unbuildable.”

Do you own an habitable developed residential parcel according to a “Washoe County Assessor’s ‘Real Property Assessment Data’ sheet?”1 What about a developed or undeveloped commercial parcel? Or a developed residential parcel not designated as unbuildable? If so, and you don’t fit into an exempt2 category3, you’re property is assessed one or more RFF/BFF, respectively.

In contrast, the payor of a fee nearly always “has the option of not utilizing the governmental service and thereby avoiding the charge.”4 The only exception being standby service charges of direct benefit to real property for the mere availability to access and receive some public health and sanitation service which is actually delivered, or capable of delivery, to the real property assessed5. Given here the RFF/BFF pay for no service nor availability of service whatsoever6, let alone one involving public health and sanitation, nor a service furnished to real property, the element of choice exists. Meaning the RFF/BFF is required to consent to its assessment.

And Now you know!

  1. According to Policy No. 16.1.1.4.2, this is the standard for “determin(ing) eligibility for a property to be classified as a ‘Qualified Real Property.'”
  2. “Real property that is located within the current geographic boundaries of the District but which Washoe County has exempted from paying Washoe County property tax…real property that is used or intended for use for religious or educational purposes, condominium and town house common areas that do not include any Dwelling Units, and publicly owned property.”
  3. See Policy No. 16.1.1.2.6
  4. See Vanceburg v. Federal Energy Regulatory Comm’n, 571 F.2d 630, 644 n.48 (D.C. Cir. 1977), cert. denied at 439 U.S. 818, 99 S.Ct. 79 (1978).
  5. See our What Are Standby Service Charges discussion.
  6. Remember. The District tells us they pay for the mere availability of various District owned beaches and public recreation facilities (see our What Are The RFF/BFF According to Us discussion).

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