Loving Growth Management in the Time of Recession

Urban Lawyer, Vol. 42, No. 4-Vol. 43, No. 1, Fall 2010/Winter 2011

Georgia State University College of Law, Legal Studies Research Paper No. 2011-20

8 Pages Posted: 12 Sep 2011  

Julian Conrad Juergensmeyer

Georgia State University College of Law

James C. Nicholas

University of Florida - Levin College of Law

Date Written: 2011

Abstract

The current deep and long lasting recession has challenged the value of local government growth management programs – especially those which rely heavily on developer funded infrastructure finance programs such as impact fees. An examination of the characteristics of the current recession reveal that its severity is due in large part to excessive exuberance in housing development in the years preceding the burst of the housing bubble. Many local governments intensified the consequences of over-building by adopting ambitious infrastructure programs funded by impact and other fees charged to developers upon the issuance of building permits or other development approval actions. With residential building permit issuance at near zero in many formerly double-digit growth areas, local governments can no longer pay for nor do they need much of the planned or already constructed infrastructure. The authors advocate greater restraint by local governments in accepting growth projections and issuing bonds to be repaid through impact fee collection. Most importantly, the authors suggest as a pre-condition of development approval requiring developers to submit market studies establishing probable market demand for the proposed development.

Keywords: growth management, local government law, recession, unemployment, construction industry, economy, developmnet

JEL Classification: K30, K32, K39

Suggested Citation

Juergensmeyer, Julian Conrad and Nicholas, James C., Loving Growth Management in the Time of Recession (2011). Urban Lawyer, Vol. 42, No. 4-Vol. 43, No. 1, Fall 2010/Winter 2011; Georgia State University College of Law, Legal Studies Research Paper No. 2011-20. Available at SSRN: https://ssrn.com/abstract=1920300

Julian Conrad Juergensmeyer (Contact Author)

Georgia State University College of Law ( email )

P.O. Box 4037
Atlanta, GA 30302-4037
United States

James C. Nicholas

University of Florida - Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States
352.392.0997 ext. 492 (Phone)
352.392.3308 (Fax)

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