Download PDF version Parties: Ensign Development and Tooele City and Tooele County Issued: July 29, 2008Topic Categories: Exactions on Development Requiring construction and dedication of flood control improvements constitutes an exaction, which must satisfy rough proportionality analysis. Flood control is an important public interest, so there is a link between the requirement and a legitimate governmental interest. It remains …
Advisory Opinion 47
Download PDF version Parties: David Grotegut and City of Spanish Fork Issued: July 29, 2008Topic Categories: Exactions on Development Entitlement to Application Approval (Vested Rights) The expense of complying with exaction must be roughly equal to the costs the City would incur to address the impact. It also must be remembered that the trail requirement was imposed in exchange …
Advisory Opinion 42
Download PDF version Parties: Equidigm Holding, LLC and North Ogden City Issued: May 29, 2008Topic Categories: Exactions on Development A City’s requirement that a Developer purchase an undeveloped public right-of-way from the City, build a road, and then dedicate it back to the City adds unnecessary costs that are not proportional to the impact of the development. There is …
Advisory Opinion 41
Download PDF version Parties: Rory Ukena, Sam Stanger & Mike Clark and South Weber City Issued: May 13, 2008Topic Categories: Exactions on Development Requirements Imposed On Development The Developers are not entitled to reimbursement or a renegotiation of the agreement which allocated costs based on the amount of water being contributed to the basin, not the total size of …
Advisory Opinion 35
Download PDF version Parties: City of Holladay and the Greek Orthodox Church of Greater Salt Lake Issued: March 31, 2008Topic Categories: Exactions on Development The statute of limitations prohibits government entities from asserting title or other right to real property after seven years. However, adverse possession may be an appropriate way for the public to enforce a claim of …
Advisory Opinion 32
Download PDF version Parties: Ivory Development, LLC and City of Draper Issued: February 28, 2008Topic Categories: Exactions on Development A local government’s requirement that Developer construct improvements is an exaction which must satisfy the limitations imposed by the Utah Code; otherwise, it will amount to a regulatory taking, for which compensation may be required. The local government bears the …
Advisory Opinion 31
Download PDF version Parties: Ivory Development, LLC and City of Draper Issued: February 28, 2008Topic Categories: Exactions on Development Development Bonds Warranty bonds are development exactions, and they are subject to rough proportionality analysis. It is unjust to force Developer to pay for damage caused by normal use simply because it occurred within the warranty period, when, at any …
Advisory Opinion 30
Download PDF version Parties: Greek Orthodox Church of Greater Salt Lake and City of Holladay Issued: February 13, 2008Topic Categories: Exactions on Development A dedication of land as a condition for a building permit is a development exaction, which must satisfy rough proportionality analysis. City did not show how the impact of the new construction created a need for …
Advisory Opinion 24
Download PDF version Parties: Rory Ukena and South Weber City Issued: November 1, 2007Topic Categories: Exactions on Development Cities can impose exactions upon issuance of building permits or subdivision plat approvals, if the exactions satisfy rough proportionality analysis. The exaction must be justified by the impact caused by the development only, and not on need anticipated by future development.DISCLAIMER …
