The city of Fargo could be in violation of North Dakota Century Code when the city sends you a special assessment bill for a street reconstruction project. By definition, a special assessment is an improvement project.

If the city is only rebuilding or repairing a road; the project is not an improvement. The road still functions the same as it did when it was built 50 years ago.

All the city did was to pass the cost of maintenance and repairs along to property owners without raising taxes. A special assessment is not a tax.



The city has a plan to rebuild all roads every 50 years or so, because roads wear out. No one would expect all the roads to be rebuilt in one year for obvious reasons so this project essentially lasts forever.

The city is constantly rebuilding all the roads and special assessing all property owners. The Century Code does not allow a city to bill a special project to all property owners. The project should be taxed and specials are not a tax.

There is nothing special or improved by rebuilding a road, it’s simple maintenance. No property owner should ever be shocked and receive a huge special assessment bill for replacement road work. It might be the law.