Property owners appealing project assessment

Published 9:52 pm Tuesday, May 30, 2017

More than half a dozen property owners in the Lake Chapeau Drive neighborhood are appealing their city assessments for last year’s Lake Chapeau Drive improvement project to Freeborn County District Court.

Matt and Mary Samudio, Dean and Carolyn Wangen, Jerome and Janet Hickman, S Family LLC, Milron Development LLC, HKO Family, Hill’s Gardens Inc. and Hill’s LLC are alleging the assessments were not “properly considered, calculated and assessed by the city of Albert Lea, as required by Minnesota statutes.”

“The city’s actions violate the constitutions of the state of Minnesota and the United States,” the appeal states. 

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In their appeal filed Dec. 1, the landowners state they are not receiving special benefit from the project, as required by law. According to court files, they “have no legal or improved access to (Lake Chapeau Drive),” and some petitioners never use the road for purposes of their properties.

Eleven private properties are being assessed over 10 years at 3.42 percent interest for the project. The average assessment is about $9,400, and the highest assessment is more than $13,200. The lowest assessment is about $2,200.

The case was discussed during a closed session at the May 22 City Council meeting.

In the appeal, the property owners state they are being double taxed because they have been taxed for other city projects in addition to the special assessments.

“The interest costs added to the assessments are in excess of actual interest costs incurred by the city of Albert Lea, and add-on finance charges and/or fees are not permitted by applicable law,” the appeal states.

The appeal states Lake Chapeau Drive improvements do not add value to properties of the petitioners, because the road already existed and served their needs.

According to the property owners, people who utilize Albert Lea City Arena the most are not assessed for the project, and some of the assessed property should have been exempted as agricultural land.

“The city’s assessment policy results in an improper imposition of taxes based on arbitrary frontage calculations,” the appeal states.

“Some of the petitioners’ properties have non-party interest holders who were not provided legal notice of the assessments.”

The project included bituminous reclamation, new bituminous reclamation, new bituminous pavement, shouldering, installing a centerline culvert for the main entrance road to City Arena and Lake Chapeau residential subdivisions, and drainage work, which included the replacement of a centerline culvert near a stormwater pond.

Hill’s Gardens co-owner Judy Hill said the assessment will affect her family’s finances.

“It’s huge,” she said.

Albert Lea City Manager Chad Adams said last week he could not comment on an ongoing case. 

A motions hearing is scheduled for July 6, and a jury trial is scheduled to begin Sept. 13, if the appeal has not been settled by then.

About Sam Wilmes

Sam Wilmes covers crime, courts and government for the Albert Lea Tribune.

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