assessing homeowners twice for curb, gutter and streets

[greenie5]

Jurisdiction

South Dakota

I live in South Dakota. Years ago we had to pay for our own street, gutter and curb. The city wanted this work done. This was not something the homeowners petitioned. Since then there have been a few other streets that have had to do the same. The city now wants everyone in the city to pay $2.00 per linear foot for future work on streets, curbs and gutters. Is it legal to charge a homeowner twice or to charge a homeowner when clearly their street, curb and gutter won't need any work? Is it worth hiring a lawyer?

 

[army judge]

Is it legal to charge a homeowner twice or to charge a homeowner when clearly their street, curb and gutter won't need any work?

I suggest you start by reading your city's charter documents, founding documents, and then discuss your concerns with the city council, your elected councilperson, your mayor, your elected state legislators, your state's governor, and your state's attorney general.

You can also discuss the matter with your city attorney, and the county's prosecutor (or whatever nomenclature is used in your jurisdiction).

Is it worth hiring a lawyer?

You should start by organizing a citizen's anti-tax grab committee (or whatever you wish to call it), once you determine of others share your concerns, you can then share the financial burden of your quest.

If few share your concerns, then you'll know how much of your loot will be needed to battle the confiscatory wealth snatchers in a court of law.

 

[PayrollHRGuy]

The city is likely able to legally asses such a tax. If it isn't the best place to find out if it isn't is to contact your state's attorney general's office.

 

[adjusterjack]

Is it legal to charge a homeowner twice

You're not being charged twice. You were charged once for past work and you're being charged now for future work.

to charge a homeowner when clearly their street, curb and gutter won't need any work?

Streets always need work every couple of years and the city fathers might be predicting a shortfall toward infrastructure.

Is it worth hiring a lawyer?

At $300+ per hour only you can answer that question. But if your question is actually can you successfully defeat the assessment, I seriously doubt it. Once the politicians pick your pocket it stays picked.