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.
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Agenda
Overview of Current Issues and Developments in the Laws Regarding Impact Fees, Especially Since 2010
- Fees and Exactions Remain a Major Source of Controversy
- There Are More Kinds of Fees in Use, and the Amounts Charged as Fees Continue to Increase
- Some New Legislative and Judicial Constraints on Development Fees
Development Fees and Exactions Remain a Major Source of Controversy, and Conflict, in the Arenas of Land Use, Development - Especially Housing Development, and Public Infrastructure Financing
- Trent Meredith v. City of Oxnard (1988)
- Recent Survey of Home Builders
- Report by the California Dept. of Housing and Community Development (2019)
Legislative and Judicial Pushback and Constraints on Development Fees
- Constitutional Limitations on Monetary Exactions - Koontz v. St. John's River Water Mgt. Dist. (2013); Legislative vs. Quasi-Judicial Distinction?
- California Constitution - Prop 26 and Prop 218; City of San Buenaventura v. United Water Cons. Dist. (2017)
- Statutory Constraints - The Mitigation Fee Act; Boatworks v. City of Alameda (2019); HBA v. Lemoore (2010)
- Traffic Impact Fees (Gov Code 66005.1);
- Affordable Housing (SB330)
- School Facility Fees
- Recent Case Law on Development Fees
Appropriate Use of, and Accounting for, Fees Collected - Gov. Code §§66001, 66006; Walker v. San Clemente (2015)
Anticipated New Issues Involving Development Fees
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Credits
OnDemand Course
This course was last revised on August 5, 2020.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Faculty
David P. Lanferman
Rutan & Tucker, LLP
- Experienced land use attorney and partner in Rutan & Tucker, LLP, based in the firm’s Palo Alto and San Francisco offices
- Experience includes obtaining and defending land use entitlements, and features prominent roles in analyzing, negotiating, and litigating issues raised by development fees, impact mitigation fees, connection and capacity charges, school facilities fees, regulatory fees, special taxes, and other types of exactions or conditions imposed as conditions of development or permit approval
- Involved in the design, review, and analysis of hundreds of fee programs and ordinances as well as input to state government on fee legislation
- Litigated more than 300 cases involving development fees or land use exactions in trial courts throughout California
- Lead counsel in many appellate court cases involving land use practice and development fees, including successful outcomes in several notable published decisions by the California Courts of Appeal and Supreme Court, as well as amicus briefing in the U.S. Supreme Court in several cases involving fees and exactions
- Update Author, and editorial advisor, for CEB’s authoritative treatise on California Land Use Practice, and a frequent contributor of articles and presentations on impact development fees, CEQA, mitigation measures, zoning and subdivision regulation, and other topical land use issues
- Served as vice-chair of the Executive Committee of the Real Property Law Section of the State Bar of California
- Awarded an advanced study certificate in Litigating and Defending Impact Fees by the Georgia Institute of Technology.
- Graduate, high honors and Phi Beta Kappa, U.C. Davis; J.D. degree, editorial board, Constitutional Law Quarterly, U.C. Hastings College of Law
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