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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101395
Experience:  Lawyer
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The county that our hamlet is in,in alberta has been

Customer Question

the county that our hamlet is in,in alberta has been replacing all the water , sewer and storm sewer lines in this entire hamlet. These services run down the middle of our streets and we are being told that our property taxes are going to go up to cover this expense. They have charged some residences by frontage, some aren't being charged at all and the rest are being charged by the sq. footage of their lots. Since we do not own the roads and pay yearly taxes on property plus monthly service fees, why should we have to pay this very high extra tax. In 1962 the (then village) tried to do the same thing and residents took it to court and the province ruled in the residents favor that the (then village) was the owner and therefore responsible for the costs incurred. Do we have a legal right to not pay this as (I mentioned) we don't own the road in front of our residences?
Submitted: 1 year ago.
Category: Canada Law
Expert:  WiseOwl58 replied 1 year ago.

Yes, you have a legal right not to pay, under the laws of Alberta, and I would cite to that very 1962 case which will be the controlling law here because the circumstances sound the same. I suggest that you notify the county that is doing the work that you refuse to pay and send them a copy of the 1962 court case that ruled against the village. That is binding law on the county and your hamlet, and they cannot re-litigate the same issue under the principle of res judicata (meaning that the court has already decided the very same issue and the government doesn't get a second bite at the apple or a do over).

Good luck to you. Please rate 4 or 5 and close out the question. i wish you all the best.

Expert:  Debra replied 1 year ago.

This answer was provided by a US lawyer and I apologize for that.

As well it is not correct.

While the city cannot charge you for road maintenance or even for expenses to put in a sewer they can raise property taxes.

But they cannot do this unfairly and every property owner must be treated the same.

Does that help you understand the law?