FEATURE ARTICLE

November 2006

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The Changing Landscape of Proposition 218: Bighorn-Desert View Water Agency v. Verjil (Kelley)

In November 1996, California voters approved Proposition 218, which amended the California Constitution by adding articles XIII C and XIII D. California Constitution, article XIII C, § 3 (Article XIII C) provided the initiative power to voters to reduce or repeal any local tax, assessment, fee or charge, and made such power of initiative applicable to all local governments. California Constitution, article XIII D, § 6 (Article XIII D) of the California Constitution established requirements for imposing new, or increasing existing, property-related fees and charges and placed limitations on the use of the revenue collected by such means.