The ability of public agencies to raise revenues for infrastructure and services is significantly constrained by the adoption of a series of ballot propositions—Propositions 218 and 26. They limit property tax rates, require voter approval of general and special taxes, and impose substantive limitations on structuring rates and charges, and the use of their revenues and procedural requirements for their adoption.
AALRR helps its public clients determine the revenue sources available to them and counsels clients on how to impose such fees and assessments lawfully under the procedural and substantive requirements of Propositions 218 and 26. This can mean assisting throughout the process or advising on a particular legal issue. We also defend clients in court from challenges to fees, charges, and other revenue sources. AALRR’s attorneys are well versed in the interplay between the revenue generating provisions under SGMA and the requirements of Propositions 218 and 26.