Define: Subdivision Exaction

A subdivision exaction refers to a requirement imposed by a local government on a developer as a condition for approving a subdivision project. It typically involves the dedication of land, construction of public facilities, or payment of fees to mitigate the impacts of the development.

Common types of exactions include dedications of land for parks, schools, or roads, construction of public facilities like water or sewer lines, and payment of impact fees to fund infrastructure improvements.

No, local governments must ensure that exactions are reasonably related to the impacts of the development and do not amount to an unconstitutional taking of private property without just compensation.

Courts typically apply a rough proportionality test to determine if an exaction is reasonable. This means that the exaction must be roughly proportional to the impact of the development and must not be excessive or unduly burdensome.

Yes, developers have the right to challenge exactions in court if they believe they are unreasonable or violate their constitutional rights. It is advisable to consult with an attorney experienced in land use and development law to assess the merits of such a challenge.

Yes, local governments have the authority to deny subdivision approvals if a developer refuses to comply with reasonable exactions. However, the denial must be based on legitimate planning concerns and not be arbitrary or capricious.

Yes, developers can often negotiate the terms of exactions with the local government during the subdivision approval process. It is important to engage in good-faith negotiations and provide evidence to support alternative proposals that still address the impacts of the development.

In general, local governments have the authority to modify exaction requirements if there is a legitimate basis for doing so. However, they must provide notice and an opportunity for the developer to be heard before making any changes.

Yes, exactions must be reasonably related to the impacts of the development and cannot be excessive or unduly burdensome. Courts may strike down exactions that are deemed to be confiscatory or unrelated to the development’s impacts.

Yes, if a local government fails to use the funds or land for the intended purpose of the exaction, a developer may have legal recourse to seek reimbursement or other remedies. It is advisable to consult with an attorney to understand the specific legal options available in such situations.