special assessment
The use of Special Assessments as a source of funding for public infrastructure has greatly expanded in recent years due to tight local government budgets and increasing infrastructure needs. This trend is likely to increase in the future. At the same time, much of the law relating to special assessments is 50 years old or more, and this promises to be a busy and rapidly evolving area of law.
Creation and Enforcement
We have experience in evaluating the procedural validity and enforceability of special assessment programs. Through the Community Development District practice, we represent issuers of special assessment bonds through the procedural and practical issues of a special assessment financing program.
Foreclosures
Defaults in the Florida real estate market have created a need for competent counsel to foreclose special assessments on affected lands so that revenues can be collected and bond obligations can be met. We have had unique experience in dealing with and litigating these issues for a number of years. We understand the players and the processes involved in these cases and can assist clients in these matters.
Validity and Priority Contests
Since special assessments are being used as a revenue source in situations not envisioned decades ago, novel legal questions sometimes become involved. Enforcing the priority of these assessments against competing claims of mortgagees, tax certificate or tax deed holders or landowners claiming exemption is often a part of the litigation process. We understand and can assist our clients with these issues.
