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- Feed Preview Exactions and Assessments | California Land Use & Development Law Report
Supreme Court Rules Legislatively Adopted Exactions Not Exempt From Nollan/Dolan Scrutiny
In a dispute over a traffic impact fee imposed on a residential building permit by El Dorado County, the U.S. Supreme Court unanimously rejected the long-standing position of California and other...
Agreement Purporting to Prevent City from Imposing New Impact Fees on Project Infringed Police Powers
The Court of Appeal held that a city-developer agreement that ostensibly precluded the City of Oakland from imposing any new impact fees on the project constituted an impermissible infringement o...
Court Orders Refund of All Unexpended Fees in Landmark Mitigation Fee Act Case
A recent case involving developer Charles Keenan and the City of Palo Alto highlights the importance of strict compliance with Mitigation Fee Act’s requirement that findings be made every five ...
Suit Challenging City’s Interpretation of 20-Year-Old Affordable Housing Agreement Was Timely
The Court of Appeal ruled that a suit concerning an affordable housing fee that plaintiff had agreed to pay two decades earlier was still timely because the 90-day limitations period under the Su...
Water District Rate Increases Violated Proposition 218
A court of appeal invalidated a water district’s adopted rate increases, concluding that the district failed to meet its burden under Proposition 218 of establishing that the increases did not ...
Requirement That Proposed Development Mitigate Cumulative Traffic Impacts Violated Nollan/Dolan Standard
An initiative measure that required new development to mitigate not only its individual traffic impacts but also cumulative impacts of other projects on traffic levels of service violated the rou...
Suit Challenging Water District’s Ad Valorem Property Tax Was Time-Barred Under the Validation Statutes
A challenge to a water district’s increase in its ad valorem property tax was untimely under the 60-day statute of limitations in the validation statutes. Coachella Valley Water District v. Sup...
Agreement to Indemnify LAFCO Against Claims Arising from Annexation Decision Was Unenforceable as Lacking Consideration
The Court of Appeal held that an agreement obligating a developer and city to indemnify LAFCO against claims arising from its annexation decision lacked consideration because the agreement simply...
Local Governments Lacked Authority to Impose Fees on Proper...ceptacles at Public Transit Stops Adjacent to Their Properties
The state was required to reimburse municipalities for the cost of state-mandated trash receptacles at transit stops because local governments lacked authority under Proposition 218 to impose fee...
School District May Assess Fees Based on General Type of Development and Need Not Consider Subtypes
A school district may impose reasonable school impact fees based on the general type of development, regardless of whether the specific subtype of development will or will not generate new studen...