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Special Assessment Districts

Editor's Note:
This material is to illustrate some of the pros and cons of forming a Special Assessment District, regardless of whether one is a proponent or an opponent.

Descriptions of various issues were interesting, with Commissioner Kitty Jung being the lone voice for having consideration for those who would be hurt by this Special Assessment District No. 32.

Commissioner Robert Larkin stated, several times, that with the forming of this special assessment district property values would rise. Probably the most accurate interpretation of this is—it would cause property assessments to increase and therefore property taxes to rise.

The vote to approve was 4 to 1.

Sept. 27, 2011
This item was a request for approval of a Resolution concerning Washoe County, Nevada, Special Assessment District No. 32 (Spanish Springs VaIley Ranch •• Reads); considering complaints. protests, and objections made to the assessments at the hearing on the assessment roll and making determinations thereon; validating and confirming the assessment roll; providing other details in connection therewith, and authorize the use of funds from the SAD Debt Surplus and Deficiency Fund to fund the assessment for parcels granted an economic hardship.

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47 min

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NRS 320.060 Creation of district.

1. The owners of real property within an unincorporated area of a county whose population is less than 100,000 may initiate the creation of a district by filing a petition signed by at least 66 2/3 percent of the owners with the board of county commissioners of the county where the proposed district is located. A district may not include territory located within more than one county.

2. A petition filed pursuant to subsection 1 must include:

(a) The name, address and signature of each person named in the petition;

(b) The total acreage of the area proposed to be included within the district;

(c) The number of owners of real property in that area;

(d) A detailed map of that area;

(e) A description of any proposed contract for the maintenance of roads in the district; and

(f) The estimated annual cost to perform the proposed contracts to maintain roads in the district.

3. If a petition is filed pursuant to subsection 1, the board of county commissioners with whom the petition is filed shall hold a hearing to consider the petition at its next regularly scheduled meeting held after the date the petition is filed.

4. Except as otherwise provided in this subsection, if a board of county commissioners decides to create a district after holding a hearing pursuant to subsection 3, it shall, at its next regularly scheduled meeting held after the hearing is conducted, adopt a resolution creating the district. A board of county commissioners shall not adopt a resolution pursuant to this subsection if, within 60 days after a hearing is held pursuant to subsection 3, 51 percent or more of the owners of real property within the proposed district file a petition with the board of county commissioners opposing the creation of the district.

5. A resolution adopted pursuant to subsection 4 must include a procedure to allow a person who owns real property within the district to apply for a hardship determination that would exempt the person from paying the fees assessed pursuant to this chapter. The procedure must include, without limitation:

(a) A method for allowing a person who owns real property within the district to submit to the board a written application for a hardship determination at least 90 days before the due date of an assessment;

(b) A method for determining whether such a person qualifies for a hardship exemption;

(c) A requirement for the periodic renewal of the hardship determination;

(d) A requirement that the board make a decision on the application within 30 days after the filing of the application;

(e) A requirement that the board notify the board of county commissioners in writing of the denial of an application and the reason for denying the application; and

(f) A procedure for appealing the denial of an application by the board to the board of county commissioners.

(Added to NRS by 1999, 2084)