HomeMy WebLinkAboutDec 5, 19825 December 1983
C~ty Council of Columbia Heights
590-40th Avenue N.E.
Columbia Heights, Mn 55421
Ref: Hearing on Assessments - lnnsburck 3rd Additlon
Council Members:
My w~fe and I Jointly own our residential property at 1600 Innsburck
Parkway. Our property abu~ts upon Anoka County RoCd t04 on both Johnson and
Innsburck Parkway sides. County roads, In fact, surround the entire
res~dental area of abutting lots as 49th Avenue to the South ls also a
county road.
We claim that no special assessment (due to street imp~ovements elsewhere on
clty streets not abutting our property) should lawfully be made against our
property.
The reasons for our claim are as follows:
1.) Improvements to both 2ohnson and Innsb¥~ck Parkway abutting our lot and
[pa~d for by Anoka County are not considered as "improvements".
Op.Atty.Gen., 59a-.4, Nov 25, 1959~
2.) M~nnesota Law provides that "t'~ ~'
~n~. bas~s for special assessments ~s that
the property so assessed ls "specially benefited" by the Improvement".
It states, ~dr[hermore, that special assessments be based upon the
enhancement of property value due to the street improvement. Assessments
against each property are to be proportionate to 'the individual benefit
resulting from the improvement, as dlstin§ulshed fro~ general benefits to
the whole community.
3.) No estimate of the special benefit our property has recelved has been
made, No policy exists to ~5 the assessor's office.
4.) The action by the Councll directing a "1/3 street-rate" to be levied
against property owners abutting the county road is arbitrary and is
not followed by special assessment procedures uses elsewhere within the
city.
5.) If our lot were s~milar'lly located elsewhere in the city (with respect
to county reads, etc.) no special assessment for a street improvement
on non-.abutting streets would be made. Yet Minnesota Law provides
"taxes shall be uniform for' the same class of propertles~~
6.) Court opinions have held that 'iF a special assessment exceeds the
amounto~"speclal benefits", +,.hat excess is, 'in effect, a taking of
private property for publlc use wltho~Jt lUSt com~ensatlor~ and would
l~tn ~ ,
v~olate both the state constitution and the . amm(~ndment to the
federal constitution.
:v /P .... ,
1600 Im-~sbruck Parkway
12~:l~L',nbia Heigl~t:s, MN 55421