RECENT STATE DECISIONS

October 2008

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California Supreme Court Provides Significant New Guidance Regarding Adequacy of Local Benefit Assessments
Silicon Valley Taxpayers Association v. Santa Clara County Open Space Authority

On July 14, 2008, the California Supreme Court held that courts should not presume a local agency has done an adequate job of calculating its benefit assessments. Because the standard for benefit assessments is fixed by Proposition 218 (part of the California Constitution), courts must exercise independent judgment when determining whether assessments pass legal muster. The case also helps distinguish special from general benefits, and emphasizes that assessments must be proportional to the benefits provided by the public works or property-related services they fund.