Assessment Review of Questionable PropertyCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
James H. Patrick, City Manager
Tel 406.758,7708
Fax 406.758.7771
charball c@Wispell.com
SUBJECT: Request by City Landowners for Abatement of
Certain Assessments
MEETING DATE: Tuesday, July 5, 2005 — Work Session Item
BACKGROUND: City staff has been approached by a city landowner with a
request that a portion of his assessments be abated. In this particular case, the
landowner owns property on one of the sloughs in the Greenacres/Willow Glen area.
When this property was platted (in phases), the property on one side of the slough
bounded to the slough waterfront, whereas the property platted on the other side of
the slough, included the entire slough as common. area. Those landowners with the
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the land area that the slough embraces.
Two issues have been raised. The first is a fairness issue regarding why half
of the property owners who enjoy the slough frontage must pay the assessments,
whereas the other half do not. The second is an issue of value. Are the landowners
with slough frontage paying an appropriate assessment proportionate to the value
of the slough?
In considering the first issue, the council does not have the legal authority, on
its own, to cause the properties to be replatted to correct the perceived inequity. All
of the property owners fronting the slough would have to come forward to request
the replat. The council may wish to consider the second issue. However, in order to
make a reasoned judgment about the matter, the council will first need to have
some understanding of the value of the slough. This value is likely .not easily
obtained with a simple appraisal. However, the landowners may be able to retain
an appraiser to provide some assistance to council with these values.
Assessments of Slough Property
June 29, 2005
Page - 2
RECOMMENDATION: That council consider the request of the landowner and
seek further information as it deems necessary to make its determination.
Respectfully s
City Attorney James H. Patrick, City Manager
Office of City Attorney
City of Kalispell