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Residents press council on liens from Moon Lake Dam Management District; legal presenter outlines remedies

Exeter Town Council · March 4, 2024
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Summary

Residents urged the council to address liens placed by an independent district. A legal presenter told the council the district can place liens and said remedies are limited to court challenges or changes to the district’s ordinance/bylaws.

Residents described liens and collection practices by the Moon Lake Dam Management District and asked the council what recourse property owners have.

A resident outlined frustration with liens appearing on property and with legal costs incurred when disputing small fee amounts. In response a legal presenter told the council, “The Moon Lake Dam Management District is its own entity. This town council has nothing to do with the operation of that entity,” and explained that state law and the district’s ordinance permit the district to assess fees that become liens on property when assessed.

The presenter described two primary paths for property owners who object to the district’s procedures: (1) pursue litigation for a declaratory judgment to resolve whether the district’s procedures complied with law, an expensive option; or (2) seek a change to the ordinance or the district’s bylaws through a petition or procedural amendment, an approach that can be less costly but requires coordinated action by property owners and possibly the district itself. The presenter emphasized the council’s limited authority to act directly because the district was established as a separate entity under state law.

Council members and residents discussed whether different payment-application practices by the tax collector and the district are a source of confusion and whether procedural changes could reduce litigation. The council did not take formal action on the issue at the meeting but discussed next steps for residents and emphasized that legal remedies and ordinance amendments are the available routes.