Boulder County Loses Lawsuit

A District Court Judge ruled that Boulder County exceeded its legal authority last year when it formed a Subdivision Paving Local Improvement District (LID) and assessed properties within that district to pay most of the costs of repaving those roads. The Boulder County Commissioners implemented the LID in late 2013 as the “last best option for dealing with deteriorating subdivision roads” after trying other alternatives, including individual subdivision LIDs and placing a question on the ballot last year about forming a Public Improvement District, all of which failed to pass.

The County believed a local improvement district was a viable solution for collecting money from subdivision property owners to fix subdivision roads and that this methodology was authorized by law. However, the court has ruled otherwise. In a news release the Commissioners said the County is preparing to
return all paid assessments to property owners (with interest) and take any additional actions necessary to remove the liens from all District properties. The County recorded A Notice of Withdrawal and Release for all liens created under the LID on July 31.

The vast majority of refunds (which will include an interest rate of 8 percent per annum from date of receipt of payment) are being returned directly back to the party that originally paid either the first year’s annual assessment or the full 15-year payment by the end of August. In some cases, where property ownership transferred during the eight months under the LID, refunds will be made to title companies to distribute back to the transaction parties according to their real estate settlement documents. More information is available here:

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