Legal Question in Real Estate Law in California

Collection of Public Road Taxes for Privately Owned Roads

I am a property owner in a 170 lot private development located in Madera County, California. According to the County, all roads within the development are solely owned (and therefore maintained) by the Homeowner Association. No public funds are allocated or administered in the upkeep or repair of these road surfaces.

The primary access road to this mountain community is via a federally owned and maintained road as it passes through the Sierra National Forest. At no time are county owned roads impacted by the members of this private community.

At issue is the collection of county road use fees as a portion of annual property taxes as well as any building permits approved within this private development.

I question the county on the collection of road use fees where no use of county owned roads are involved.

Is it possible to contest the imposition of such fees where it can be shown that all roads used are either federally owned and maintained or privately owned and maintained?

Is it likewise feasible to petition the county for reimbursement of these fees in order that the Homeowner Association can use that money to effect needed repairs to the private roads?

1 Answer from Attorneys

Related Questions & Answers

More Real Estate and Real Property questions and answers in California

Looking for something else?