HomeMy WebLinkAboutPolicy 03 - Detachment of Land from Improvement DistrictsOTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy
Number
Date
Adopted
Date
Revised
DETACHMENT OF LAND FROM IMPROVEMENT
DISTRICTS 03 10/15/84 08/10/11
Page 1 of 1
PURPOSE
To provide procedures and conditions for detachment of property
from improvement districts under certain circumstances.
BACKGROUND
Property owners have participated in the formation and development
of improvement districts in anticipation that some day water or
sewer service would be available. However, due to the condition
or location of the property, providing service to certain parcels
may be impossible, impractical, or economically unfeasible, thus
eliminating any benefit to the parcel from remaining in the
improvement district.
POLICY
If a property owner can demonstrate that the property no longer
benefits from remaining in an improvement district, the owner may
petition the District to detach the property from the improvement
district if either of the following conditions exists:
(a)The owner furnishes proof that due to governmental regula-
tions the property cannot be developed, i.e., "Flood Control
Channel," moratorium, etc., which would preclude any develop-
ment.
(b)It is physically impossible or impractical for the property
to receive the particular service furnished by the improve-
ment district.
(c)The cost of facility construction required to serve the prop-
erty is financially unfeasible.
There shall be no refund of property taxes previously paid on the
property being detached.
If, after such detachment the owner desires to re-annex the prop-
erty to an improvement district, the owner must pay all associated
administrative fees be determined in accordance with District
requirements as then in effect.