RECENT CALIFORNIA DECISIONS

May 2004

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Supreme Court: California Supreme Court Clarifies the Meaning of “Assessment” under the Right to Vote on Taxes Act in Connection with Municipal Water Connection Fee
Richmond v. Shasta Community Services District

In a case involving a charge by a local water district imposed on property owners as a condition of making a new water connection, the California Supreme Court, on February 9, 2004, found that the charge was not an “assessment” under the Right to Vote on Taxes Act (Articles XIII C and XIII D of the California Constitution) because the charge was imposed only on property owners who were voluntarily seeking governmental services, rather than a charge on particular identified parcels. The Court also found that a fire suppression fee imposed as a condition for making a new water connection, the proceeds of which were used to purchase firefighting and emergency medical equipment, is not a propertyrelated fee or charge under Article XIII D.