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

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

124 Pages Posted: 30 Jun 2008  

Ronald H. Rosenberg

William & Mary Law School

Date Written: January 1, 2006

Abstract

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.

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

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: https://ssrn.com/abstract=1153620

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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