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Principles of Constitutional Interpretation

Principles of Constitutional Interpretation

To determine whether the District’s $3,176 capacity charge, imposed only on applicants for new service connections, violates article XIII D’s restrictions on assessments, we must interpret our state Constitution.  “The principles of constitutional interpretation are similar to those governing statutory construction.”  (Thompson v. Department of Corrections (2001) 25 Cal.4th 117, 122.)  The aim of constitutional interpretation is to determine and effectuate the intent of those who enacted the constitutional provision at issue.  (Ibid.)  To determine that intent, we begin by examining the constitutional text, giving the words their ordinary meanings.  (Ibid.; accord, Leone v. Medical Board (2000) 22 Cal.4th 660, 665.)

PROPERTY LAW & REAL ESTATE, PUBLIC UTILITIES, TAX LAW,
WATER LAW

RICHMOND v. SHASTA CMTY. SERVS. DIST., No. S105078 (Cal. February
09, 2004)

In November 1996, California voters adopted Proposition 218, the Right to
Vote on Taxes Act, which added articles XIII C and XIII D to the California Constitution. 
(See Apartment Assn. of Los Angeles County, Inc. v. City of Los Angeles (2001) 24
Cal.4th 830, 835.)  Article XIII D of the state Constitution (hereafter article XIII D)
specifies various restrictions and requirements for assessments, fees, and charges that local
governments impose on real property or on persons as an incident of property ownership.  
Here, the main issue is whether a charge that a local water district imposed as a condition of making a new connection to the water system, and that the district used to finance capital improvements to the water system, is subject to the restrictions of article XIII D.  Other questions presented are whether article XIII D prohibits a local water district from continuing to include in the new connection fees a fire suppression charge, the proceeds of which are used to purchase firefighting and emergency medical equipment for the district’s volunteer fire department, and whether an ordinance imposing a water connection fee may be amended by a resolution.

On these questions, we conclude:  (1) a capacity charge imposed as a condition for making a new connection to a water system, the proceeds of which are used to finance capital improvements, is not an assessment within the meaning of article XIII D, and thus it is not subject to article XIII D’s restrictions on assessments; (2) a fire suppression fee imposed as a condition for making a new connection to a water system, the proceeds of which are used to purchase firefighting and emergency medical equipment, is not a property-related fee or charge under article XIII D, and thus it is not subject to article XIII D’s prohibition against property-related fees and charges for general governmental services; and (3) an ordinance enacted by a community services district to impose a water connection fee may be amended by a resolution.  Because these conclusions are consistent with the trial court’s judgment, but inconsistent with part of the Court of Appeal’s opinion, we will reverse that court’s judgment with directions to affirm the trial court’s judgment.

Capacity and fire suppression fees imposed as a condition of making
a new connection to a water system, the proceeds of which are used
to finance capital improvements, are not "property assessments" or
"property-related fees" subject to the voter approval requirements
of article XIII D of the California Constitution.

To read the full text of this opinion, go to:
http://caselaw.findlaw.com/data2/californiastatecases/s105078.doc 
[PDF File]
http://caselaw.findlaw.com/data2/californiastatecases/s105078.pdf  

iLaw Dictionary
RICHMOND v. SHASTA CMTY. SERVS. DIST., No. S105078 (Cal. February
09, 2004-html)    
[PDF File]
RICHMOND v. SHASTA CMTY. SERVS. DIST., No. S105078 (Cal. February
09, 2004-pdf)

CaliforniaCivilProcedure.Com™©
RICHMOND v. SHASTA CMTY. SERVS. DIST., No. S105078 (Cal. February
09, 2004-html)
[PDF File]
RICHMOND v. SHASTA CMTY. SERVS. DIST., No. S105078 (Cal. February
09, 2004)

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