Administrative/Regulatory,
Government,
Land Use
Oct. 12, 2023
A tale of two types of takings might soon come to an end
Too often, developers are an easy scapegoat for all infrastructure problems, and, more often than not, local officials push ever increasing taxes, fees and other expenses onto the shoulders of developers rather than face their own constituents with higher taxes for road improvements and other infrastructure needs.
In 1994, the U.S. Supreme Court issued one of the seminal decisions in land use law–Dolan v. City of Tigard–which established a new standard whereby the fees, or exaction, imposed by a municipality must be roughly proportional to the harm the development causes. At the time, the ruling in Dolan was lauded by property rights advocates as being the proper bookend to its sibling case of 1987, ...
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