SDI, Inc. v. Pivotal Parker Commercial, LLC, 2012COA168 (October 11, 2012)

Real estate development companies, through the individuals that control them, can run the special tax districts they create. Colorado’s Special District Act, meant to encourage development of open land, permits developers to control such districts and to pledge taxes and fees collected by the district to themselves. But, no government can delegate legislative functions to a private party such as a developer. Here, a special district attempted to assign the fees it collected to a developer. The developer then charged landowners interest on the fees. The court of appeals held that: 1) the district did not have the statutory authority to “assign” development fees, 2) developer could not charge interest on development fees, and 3) the assignment did not give developer a lien. Rather, districts can only “pledge” payments to developers, which must be set and collected by the district.

http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/11CA0134-PD.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8693&courtid=1

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