Alabama Constitution Section 223 Limitation on assessments for public improvements by municipal corporations
Alabama Constitution – Section 223: Limitation on assessments for public improvements by municipal corporations
Text of Section 223:
"No property shall be assessed for any public improvement benefitting only private property to a greater extent than the increased value of such property by reason of such improvement."
Explanation:
This section limits the power of municipal corporations (like cities or towns) when they impose special assessments on property owners to fund public improvements (such as sidewalks, street paving, sewer lines, etc.).
Key Points:
Protection for property owners: Property can only be assessed up to the amount by which its value increases due to the public improvement.
For example, if a road improvement increases a property's value by $5,000, the municipality cannot charge the property owner more than $5,000 for that project.
Only applies to improvements that benefit private property specifically, not general public improvements like schools or parks.
Ensures fairness and equity in how public improvements are financed and prevents municipalities from placing undue financial burden on individual property owners.
Purpose:
To protect property owners from being overcharged for infrastructure projects and to ensure assessments are proportional to the actual benefit received.
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