BAKERSFIELD, Calif. (KERO) — Kern County is making it easier for residents to formally challenge the City of Bakersfield's increased sewer rates, sharing a sample "payment-under-protest" letter that property owners can easily copy, fill out, and file as the dispute between the two governments escalates.
The county has already filed its own payment-under-protest letter against the increased rates. By posting a sample version on its website, it is now giving individual property owners a way to do the same.
The document allows property owners to fill in their information, formally challenge the city's increased sewer rates, and request a refund if courts ultimately rule the rates invalid.
The county included a disclaimer alongside the sample letter stating the document is for informational purposes only and does not constitute legal advice. The disclaimer also notes that submitting the letter does not excuse property owners from paying their taxes in full or guarantee any legal remedies.
A county spokesperson said in an e-mail statement, the letter is the only way to preserve the ability to get a refund if courts determine the increased sewer rates are unconstitutional.
"Payment under protest is the only way to preserve the right to a refund if the sewer charge is found to be unconstitutional.
As we state in our lawsuit, the County believes the sewer charges are unconstitutional and asked the City not to implement the rate increase until this issue is resolved. The City refused, and so ratepayers will be required to pay this amount. Any sewer ratepayer who wants to maintain the right to seek a refund must pay their sewer fees “under protest.” The form protest letter is an example of how the County notified the City that it was paying under protest, so that the County can maintain its right to a refund after the court rules on the matter. We posted this example after we received request for what a protest letter would look like."
Bakersfield City Attorney Ginny Gennaro said the county's own payment-under-protest letter — related to sewer rate payments for county service areas connected to the city's sewer system — is expected in a lawsuit of this scale.
But Gennaro said the county's decision to make the sample letter available for residents to copy, fill in, and file on their own was "disheartening and frustrating," saying it amounts to the county encouraging litigation against the city.
Gennaro said the city has received 11 of these letters so far.
Gennaro also noted a Kern County Superior Court judge recently sided with the city, denying a preliminary injunction requested by the county that would have blocked the city from using sewer rate funds while the legal battle continues.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
Stay in Touch with Us Anytime, Anywhere:
