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The Changing Culture of American Land Use Regulation: Paying for Growth with Impact Fees

Ronald H. Rosenberg

William & Mary Law School

January 1, 2006

SMU Law Review, Vol. 59, pp. 177-263, 2006

Local governments in America are increasingly using development impact fees to fund infrastructure improvements. This trend represents a change in the pattern of local government finance of capital improvements necessary for community development. The adoption of impact fees represents a shift in the costs of new development to the land development industry, land owners and home purchasers. Both federal and state law has been fashioned to establish the ground rules for impact fee practice with state law being more significant. Development impact fees are truly porducts of the state law compromises balancing the competing interests in distributing the development-related costs and increasingly localities have deflected their previous public responsibilities to the development industry and consumers.

Number of Pages in PDF File: 124

Keywords: Land Use Control, Development Impact Fees, Infrastructure, Municipal Finance

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Date posted: June 30, 2008  

Suggested Citation

Rosenberg, Ronald H., The Changing Culture of American Land Use Regulation: Paying for Growth with Impact Fees (January 1, 2006). SMU Law Review, Vol. 59, pp. 177-263, 2006. Available at SSRN: http://ssrn.com/abstract=1153620

Contact Information

Ronald H. Rosenberg (Contact Author)
William & Mary Law School ( email )
South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States
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