Assessments Are Based on Benefit Derived

A claim of appeal was filed in Midland Circuit Court challenging the Gladwin and Midland County Boards of Commissioners’ approval of the special assessment rolls required to restore Secord, Smallwood, Wixom and Sanford lakes. The claim of appeal was submitted to the circuit court by the Heron Cove Association which seeks on behalf of its members to set aside the current special assessment rolls.

FLTF respects the right of property owners to appeal. It's outlined in Part 307 of the Natural Resources and Environmental Protection Act that “[the assessment roll] shall be final and conclusive unless appealed in a court within 15 days after county board approval.”

An assessment for a lake level, like the drain code, is different from other types of assessments because it is based on the benefit derived to the property because of the body of water it has access to. Two properties with the same benefit may have very different state equalized values (SEVs) based on the value of the building on the property and/or if the land is developed or not.

The Four Lakes Lake Level Special Assessment methodology considered if a property has limited development or use, and properties were adjusted based on feedback from property owners. Click on the hyperlink or visit the FLTF Document Library to see the report of changes made. Over the last few years, and especially leading up to the public hearing, the process was comprehensive and transparent. 
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The timing of when the court determination is made on the appeal has an impact on the project’s schedule and costs. This is why a motion was filed to expedite the administrative appeal. It is not unusual in lake-level projects to have a sense of urgency, as construction bids are obtained to improve the confidence in the project cost and assessment roll, and delay can impact those bid values. This is especially true on this project, given the project that transitioned from rescue to recovery to restoration. We must communicate the impact of delayed financing to our stakeholders, funders, construction crews, and, of course, our community. Right now, construction is still occurring on all dams. The timing of financing affects the timing of the project schedule.