Current Issues in Development Impact Fees
1 hour 30 minutes
Gain tips on how to distinguish between fees that have been upheld and those which have been found deficient in one way or another.
The establishment and imposition of reasonable, legally-valid, development impact fees and similar exactions as conditions of development approval remains one of the most contentious and fiscally-significant subjects of concern for public policy-makers, planners, governmental agencies and private developers and property owners (as well as for prospective home buyers and tenants). In light of increasing budgetary constraints (exacerbated by the recent pandemic) many state and local agencies increasingly turn to fees as a critical source of funding for needed public infrastructure and facilities. At the same time, however, there is widespread recognition that such fees and exactions are a major factor adversely impacting the affordability of housing. Legislatures and courts have imposed new constraints on the use of development fees. This topic will provide insights as to how to try to navigate these turbulent waters, including practical suggestions and guidance based on recent court decisions, distinguishing between fees that have been upheld and those which have been found deficient in one way or another.
• You will be able to development exactions (subject to constitutional scrutiny) as distinct from other types of ordinary land use regulations.
• You will be able to discuss methods for establishing and calculating development fees which have been approved by the courts.
• You will be able to explain the constitutional requirements that fees have a rational nexus to the impacts of development and that the amount of the fees must have at least a rough proportionality to those impacts.
• You will be able to identify potential legal or evidentiary deficiencies or vulnerabilities in a development fee program or imposition.