Loading...
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 elniirrh rnmmnn area in thp.ir nlnt nnxr n nrnnnrtinnal sham nfrity accnccmnr�iC nn 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