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- Title
Nollan and Dolan: Providing a Roadmap for Adopting a Uniform System to Determine Transportation Impact Fees.
- Authors
Andrews, Pierson
- Abstract
Local governments employ various systems to determine how to justify and when to assess transportation impact fees on new or proposed development. Most litigation in this field has resulted from the developers' disagreement over local governments' discretion in deciding how to justify and when to assess the fees. Thus, the main disputes that have arisen with respect to transportation impact fees are over these simple how and when questions. Although most systems implemented by local governments appear to be fair and equitable, this Article sets out to find an optimal transportation impact fee system that most accurately conforms to the standards established by the United States Supreme Court in Nollan v. California Coastal Commission and Dolan v. City of Tigard, decisions which serve as guideposts for justifying the implementation of an impact fee system.
- Subjects
UNITED States; ACTIONS &; defenses (Law); NOLLAN v. California Coastal Commission (Supreme Court case); DOLAN v. City of Tigard (Supreme Court case); USER charges; TRANSPORTATION
- Publication
BYU Journal of Public Law, 2011, Vol 25, Issue 1, p143
- ISSN
0896-2383
- Publication type
Article