Originally posted by Deutsche Gopher Fan
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Street assessments used to be pretty standard, typically done on a front foot basis. The bigger the lot fronting the street, the higher the assessment. The logic behind assessments, rather than including it in the general tax obligations, is that streets will be repaired or replaced on a need basis, and not based upon the political or economic power of certain individuals. If it's part of the general tax obligations, those with the most political or economic power will likely get their streets repaired first.
The law in Minnesota has always been that front foot assessments are legal, as a method. But sort of an unspoken part of the law is that the amount of the assessment cannot exceed the amount of the benefit to your property. Thus, if they assess you $16,000, they better be able to prove that the value of your property increased by at least $16,000.
The thing is, no one ever really fought the cities on this (can't fight city hall?). But recently that has changed. Honestly, even in a City like Edina it would probably be pretty hard to prove that your house increased in value by $25,000 just because you got a new street and curb. Plus, it's sort of an impossible proof problem. How does the City prove that?
I remember reading a story in the StarTrib about a very recent case out of St. Paul, I think, where the City got crushed in one of these challenges. I think the result is going to be that pretty much all cities are just going to include it as part of the cost borne by the taxpayers as a whole, which sucks for anyone who recently paid an assessment, I guess.
Also, as I recall our earlier discussion, I think we were talking about the large gain you've experienced in the value of your house. I am not a CPA, so take this with a grain of salt, but make sure you fit in all the rules for excluding some or all of that gain. I think you need to be in the house for a certain period of time. Also, I think that you can't use that exclusion if you used it recently.
Good luck on the sale.
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