On September 9, 2024, the Osceola Board of County Commissioners voted to approve an increase to County mobility impact fees, which will substantially increase the cost of development in the County. Impact fees are a one-time...more
Osceola County and St. Cloud have proposed increases to some of their impact fees as further discussed in “Osceola County, St. Cloud, and Mt. Dora Propose Massive Increases to Impact Fees”. After hosting required public...more
Osceola County, City of St. Cloud, and City of Mt. Dora are all set to vote on proposed increases to impact fees that, if approved, will substantially increase the cost of development in these jurisdictions. Below is...more
On April 12, 2024, the United States Supreme Court issued an opinion that may significantly affect how development impact fees are assessed in California. In Sheetz v. County of El Dorado, the Court unanimously held that...more
The U.S. Supreme Court in April 2024 issued a unanimous decision in Sheetz v. County of El Dorado, California (144 S. Ct. 893), concluding that the "Takings Clause" in the Fifth Amendment of the U.S. Constitution applies to...more
Recent developments in the Massachusetts cannabis industry, significant legislative changes, and legal actions have spotlighted the contentious issue of so-called community impact fees. These fees, which are intended to...more
We’ve been closely watching the Sheetz v. County of El Dorado case, which has worked its way up through the California trial and appellate courts all the way to the US Supreme Court. For a quick refresher, the case concerns...more
The “Housing Fee Reform Plan” legislation, which we reported on previously, is heading back to the Board of Supervisors next week. On Monday, July 24, the Board’s Land Use and Transportation Committee will consider the two...more
Late last week, Governor DeSantis signed into law a bill that limits the extent to which local governments may increase impact fees imposed on builders and developers. Impact fees help pay for infrastructure needed to support...more
On March 23, 2021, Orange County approved two ordinances amending County Code relating to school and transportation impact fees. The ordinances revised two previous ordinances approved by the Orange County Board of County...more
On December 1, 2020, the Orange County Board of County Commissioners (BCC) voted unanimously to adopt an ordinance updating the County’s school impact fees for residential development....more
On September 1, 2020, the Orange County Board of County Commissioners (BCC) voted unanimously to approve an amendment to County Code to implement an abatement of school capacity enhancement review for pending residential...more
On August 14, 2020, the Orange County Public Schools ("OCPS") School Impact Fee Study Advisory Committee ("the Committee") held its final meeting. The Committee, which first convened in October 2018, was tasked with making...more
On August 5, 2020, the Seminole County Planning and Zoning Commission unanimously voted to table the public hearing on the Mobility Fee Ordinance to its next regularly-scheduled meeting. If adopted, the new mobility fee...more
On July 28, 2020, the Orange County Board of County Commissioners unanimously approved an ordinance aimed at “preventing further damage to the local economy.” The ordinance amended the county’s impact fee code and will allow...more
On June 23, 2020, the Orange County School Board voted to approve its “Declaration Relating to the HB 7103 Impact on School Overcrowding Mitigation,” which declared that the School Board will no longer enter into Capacity...more
Seminole County has commissioned a study to replace the county's road impact fee with a mobility fee. If adopted, the new mobility fee program would result in a substantial increase in impact fees for most developments....more
For the first time in over 50 years, the City of Portland is rewriting its Land Use Code, which is found in Chapter 14 of the City’s Code of Ordinances. The effort involves several substantive policy changes aimed at making...more
When imposing a school impact fee on residential development, a district need not separately analyze particular subtypes of projects; the authorizing statutes simply require a reasonable relationship between the need for the...more
On June 18, 2019, Florida Governor Ron DeSantis signed House Bill 207 into law, effective July 1, 2019. This law was originated by members of the Greater Orlando Builders Association. ...more
In Tanimura & Antle Fresh Foods, Inc. v. Salinas Union High School District, the Sixth District Court of Appeal considered whether the Salinas Union High School District (“District”) acted reasonably in imposing a school...more
In 2007, the Miami-Dade County Board of County Commissioners adopted Ordinance No. 07-05, which created a voluntary Workforce Housing Development Program in order to encourage development of land available for residential use...more
Residential developers should take note of the potential increases in school impact fees for new developments in Orange County (the “County”)....more
Osceola County is considering a significant increase in park impact fees for residential development. The new park impact fees will impact all residential development in the County as well as development within municipalities...more
Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more