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<br />. <br />. WRITTEN OBJECTIONS TO SPECIAL ASSESSMENT FOR <br /> STORM SEWER PROJECT AT <br /> 1553 ARDEN PLACE, ARDEN HILLS, MINNESOTA <br /> 1. The proposed assessment is violative of Art 10, sec. 1 of the Minnesota State <br /> Constitution and Minn. Stat. sec. 429.051 in that other than the two parcels of land <br /> which sometimes experience water pooling, there is no "benefit" derived from the <br /> proposed improvements by the other properties which are being assessed. <br /> . All property in the city or neighborhood, except for the two properties noted <br /> above, will enjoy the same benefit, if any, from the improvement such that <br /> the properties assessed do not enjoy any special benefit <br /> . There is no increase in market value in the properties being assessed, other <br /> than the two noted above, such that there is no benefit to those properties. <br /> . Expert opinion Is that the market value of property assessed, other than the <br /> two noted above, will not be increased, <br /> . Control of water run-off is not a basis for benefit to an assessed property. <br /> "In regard to this issue, we note that the 'cost of any improvement ... may be <br />. assessed upon property benefitted by the improvement, based upon the benefits <br /> received ...' Minn. Stat 9 429.051 (1988), This provision has been interpreted to <br /> mean: <br /> A municipality cannot levy a special assessment that exceeds <br /> the special benefit which the property, derives from the <br /> improvement. In determining the value of special benefit, the <br /> city must consider what increase there has been in the market <br /> value of the land from the improvement <br /> Neiahborhood Preservation Association of Detroit Lakes v, City of Detroit Lakes, <br /> 354 NW.2d 74.76 (Minn, Ct App, 1984); see also Joint Independent School <br /> District No, 287 v. City of Brooklyn Park, 256 NW,2d 512, 516 (Minn. 1977) <br /> (difference in market value should be calculated by determining "what a willing <br /> buyer would pay a willing seller for the property before, and then after the <br /> improvement has been constructed,") (quoting Carlson - Lang Realtv Co. v. City of <br /> Windom, 307 Minn. 368, 369, 240 NW,2d 517, 519 (1976)" <br /> Written Objections to Special Assessment For 1 <br /> Storm Sewer Project at <br />. 1553 Arden Place, Arden Hills, Minnesota <br /> ~-Lt;- <br /> 9/45/92- <br />