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Subdivision 1.Supplemental assessments.
The council may make supplemental assessments to correct omissions, errors, or mistakes in the assessment relating to the total cost of the improvement or any other particular. A supplemental assessment shall be preceded by personal or mailed notice to the owner of each parcel included in the supplemental assessment and a hearing as provided for the original assessment.
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Subd. 2.Reassessment.
When an assessment is, for any reason whatever, set aside by a court of competent jurisdiction as to any parcel or parcels of land, or in event the council finds that the assessment or any part thereof is excessive or determines on advice of the municipal attorney that the assessment or proposed assessment or any part thereof is or may be invalid for any reason, the council may, upon notice and hearing as provided for the original assessment, make a reassessment or a new assessment as to such parcel or parcels.
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Subd. 3.Reapportionment upon land division.
When a tract of land against which a special assessment has been levied is thereafter divided or subdivided by plat or otherwise, the council may, on application of the owner of any part of the tract or on its own motion equitably apportion among the various lots or parcels in the tract all the installments of the assessment against the tract remaining unpaid and not then due if it determines that such apportionment will not materially impair collection of the unpaid balance of the original assessment against the tract. The council may, and if the special assessment has been pledged to the payment of improvement warrants shall, require the owner or owners, as a condition of such apportionment, to furnish a satisfactory surety bond fully protecting the municipality against any loss resulting from failure to pay any part of the reapportionment assessment when due. Notice of such apportionment and of the right to appeal shall be mailed to or personally served upon all owners of any part of the tract. Within 30 days after the mailing or service of the notice of such apportionment any such owner may appeal as provided in section 429.081.
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Subd. 4.Reassessment, tax-forfeited land.
When a parcel of tax-forfeited land is returned to private ownership and the parcel is benefited by an improvement for which special assessments were canceled because of the forfeiture, the municipality that made the improvement may, upon notice and hearing as provided for the original assessment, make a reassessment or a new assessment as to the parcel in an amount equal to the amount remaining unpaid on the original assessment.
Notes of Decisions
Sykes v. City of Rochester, 787 N.W.2d 192 (Minn. Ct. App. 2010).
· cites it 6× “Because we conclude that respondent did not provide appellant proper notice of the special-assessment hearings and that the proposed assessments therefore were never adopted, we reverse and set aside the purported assessments subject to reassessment under Minn.Stat. § 429.071,…”
Indep. Sch. Dist. 254 v. City of Kenyon, 411 N.W.2d 545 (Minn. Ct. App. 1987).
· cites it 6× “Appellant city claims it properly noticed and held a remedial feasibility hearing pursuant to Minn.Stat. § 429.071, subd. 2. 2 [I]n event the council * * * determines on advice of the municipal attorney that the assessment or proposed assessment or any part thereof is or may be…”
Countryside Vill. v. City of North Branch, 430 N.W.2d 206 (Minn. Ct. App. 1988).
· cites it 8× “The court set aside the tax and ordered a "reassessment" under Minn.Stat. § 429.071, subd. 2. ISSUE Is notice to property owners of the right to appeal, as required by Minn.”
Bisbee v. City of Fairmont, 593 N.W.2d 714 (Minn. Ct. App. 1999).
· cites it 4× “The district court ordered the properties reassessed pursuant to Minn. Stat. § 429.071 , subd. 2. This appeal followed.”
Cont'l Sales & Equip. Co. v. Town of Stuntz, 257 N.W.2d 546 (Minn. 1977).
· cites it 2× “The court shall either affirm the assessment or set it aside and order a reassessment as provided in section 429.071, subdivision 2. If appellant does not prevail upon the appeal, the costs incurred shall be taxed by the court and judgment entered therefor.”
Vill. of Edina v. Joseph, 119 N.W.2d 809 (Minn. 1962).
· cites it 2× “081, by adding that the court “shall either affirm the assessment or set it aside and order a reassessment as provided in section 429.071, subdivision 2.” L. 1961, c.”
David E. McNally Dev. Corp. v. City of Winona, 686 N.W.2d 553 (Minn. Ct. App. 2004).
· cites it 4× “” We recognize that Minn.Stat. § 429.071, subd. 2 (2002), provides that “[w]hen an assessment is, for any reason whatever, set aside by a court of competent jurisdiction as to any parcel or parcels of land .”
Kokesh v. City of Hopkins, 238 N.W.2d 882 (Minn. 1976).
· cites it 2× “The court shall either affirm the assessment or set it aside and order a re-assessment as provided in section 429.071, subdivision 2. * * * All objections to the assessment shall be deemed waived unless presented on such appeal.”
Shortridge v. Daubney, 400 N.W.2d 841 (Minn. Ct. App. 1987).
· cites it 4× “Minn.Stat. § 429.071, subd. 2 (1986). The basis for a special assessment is the enhanced market value of the benefited land.”
Gadey v. City of Minneapolis, 517 N.W.2d 344 (Minn. Ct. App. 1994).
· cites it 2× “081 states: The court shall either affirm the assessment or set it aside and order a reassessment as provided in section 429.071, subdivision 2. * * * This section provides the exclusive method of appeal from a special assessment levied pursuant to this chapter.”
Edward Kraemer & Sons, Inc. v. Vill. of Burnsville, 287 N.W.2d 375 (Minn. 1979).
· cites it 2× “-081 provides that, after the trial of an assessment appeal, “ * * * [t]he court shall either affirm the assessment or set it aside and order a reassessment as provided in section 429.071, subdivision 2”, the trial court erred by vacating the assessment in its entirety.”
DRB 24, LLC v. City of Minneapolis, 976 F. Supp. 2d 1079 (D. Minnesota 2013).
· cites it 2× “The court shall either affirm the assessment or set it aside and order a reassessment as provided in section 429.071, subdivision 2. If appellant does not prevail upon the appeal, the costs incurred shall be taxed by the court and judgment entered therefor.”
— Minn. Stat. § 429.071(2) — 1 case
Indep. Sch. Dist. 254 v. City of Kenyon, 411 N.W.2d 545 (Minn. Ct. App. 1987).
“Appellant city claims it properly noticed and held a remedial feasibility hearing pursuant to Minn.Stat. § 429.071, subd. 2. 2 [I]n event the council * * * determines on advice of the municipal attorney that the assessment or proposed assessment or any part thereof is or may be…”
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