@article{ART001902529},
author={JEONG, HA MYOUNG},
title={Development Impact Fee and Takings in the U.S.},
journal={Public Land Law Review},
issn={1226-251X},
year={2014},
volume={66},
pages={27-42}
TY - JOUR
AU - JEONG, HA MYOUNG
TI - Development Impact Fee and Takings in the U.S.
JO - Public Land Law Review
PY - 2014
VL - 66
IS - null
PB - Korean Public Land Law Association
SP - 27
EP - 42
SN - 1226-251X
AB - The concept of exaction is allowed in the U.S. It is a condition for development, which is imposed on a parcel of land that requires the developer to mitigate anticipated negative impacts of the development. One of forms of exactions is impact fees, which are direct payments to local governments instead of conditions on development. The Supreme Court of the United States has identified several criteria for identifying when an exaction becomes a taking that requires compensation under the Fifth Amendment. The Court ruled that an exaction is legitimate if it shares an “essential nexus” with the reasons that would allow rejection of the permit altogether in Nollan v. California Coastal Commission. The Court ruled that an exaction is legitimate only if the public benefit from the exaction is roughly proportional to the burden imposed on the public by allowing the proposed land use in Dolan v. City of Tigard. In 2013, the Court ruled that conditions imposed upon the issuance of a land-use permit must conform to the requirements of Nollan and, if applicable, Dolan even when the challenged condition amounts to a requirement to pay money, rather than to give up an easement over the property in Koontz v. St. Johns River Water Management District. The Court expanded takings doctrine from exaction to impact fee even though there was no direct physical invasion to developers at impact fee to protect property rights. Korean jurists might have some reference from this ruling to protect property rights at management of many development-related-duties.
KW - exaction;impact fee;regulatory takings;property;just compensation
DO -
UR -
ER -
JEONG, HA MYOUNG. (2014). Development Impact Fee and Takings in the U.S.. Public Land Law Review, 66, 27-42.
JEONG, HA MYOUNG. 2014, "Development Impact Fee and Takings in the U.S.", Public Land Law Review, vol.66, pp.27-42.
JEONG, HA MYOUNG "Development Impact Fee and Takings in the U.S." Public Land Law Review 66 pp.27-42 (2014) : 27.
JEONG, HA MYOUNG. Development Impact Fee and Takings in the U.S.. 2014; 66 27-42.
JEONG, HA MYOUNG. "Development Impact Fee and Takings in the U.S." Public Land Law Review 66(2014) : 27-42.
JEONG, HA MYOUNG. Development Impact Fee and Takings in the U.S.. Public Land Law Review, 66, 27-42.
JEONG, HA MYOUNG. Development Impact Fee and Takings in the U.S.. Public Land Law Review. 2014; 66 27-42.
JEONG, HA MYOUNG. Development Impact Fee and Takings in the U.S.. 2014; 66 27-42.
JEONG, HA MYOUNG. "Development Impact Fee and Takings in the U.S." Public Land Law Review 66(2014) : 27-42.
