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Local Agency Authority to Impose Fees and Dedications


The papers at right discuss the laws that affect local agency authority to impose fees and require dedications of property as a condition of development. In some instance, local agencies are able to obtain similar concessions from developers through the use of development agreements, which, due to their voluntary nature, are not subject to the constitutional constraints of the Takings Clause. In all other instances, however, the local agency should base such conditions in a way that complies with constitutional provisions and the Mitigation Fee Act.

Takings Challenges to Development Impact Fees, Andrew W. Schwartz, Deputy City Attorney, San Francisco. This paper discusses the applicable legal standard that courts will apply to takings challenges and also gives a national perspective on the takings issue.

A Short Overview of Development Impact Fees, Peter N. Brown, City Attorney, and Graham Lyons, Deputy City Attorney, Carpinteria. This is a practical, nuts and bolts overview with particular attention to imposition of fees within the context of capital improvement plans.

Exactions, Dedications and Development Agreements Nationally and in California: When and How Do the Dolan/Nollan Rules Apply, Daniel J. Curtin, Jr., Attorney at Law, Bingham McCutchen LLP. This paper provides a sound legal analysis of the constitutionality of fees and dedications from one of nation’s renowned land use experts.

Impact Fees and Housing Affordability, Vicki Been, Elihu Root Professor of Law, New York University School of Law. This paper explores the increasing use of impact fees to fund infrastructure and the controversy over the effect that impact fees will have on the affordability of housing.



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