Advisory Opinion 72

Download PDF version Parties: Joseph H. Florence and Central Weber Sewer Improvement District Issued: June 30, 2009Topic Categories: Impact Fees Exactions on Development   The Applicant carries the burden to show that the impact fees as enacted or as applied are unfair or illegal. The Developer has not met that burden.DISCLAIMER The Office of the Property Rights Ombudsman makes every …

Advisory Opinion 71

Download PDF version Parties: Joseph H. Florence and City of South Ogden Issued:  June 30, 2009Topic Categories: Impact Fees Exactions on Development   By using today’s replacement cost to calculate the impact fees rather than the actual cost expended when the system was constructed, the City is going beyond recoupment of actual costs as permitted by the Impact Fees Act. …

Advisory Opinion 59

Download PDF version Parties: The Utah Valley Home Builders Association and City of Lehi Issued: January 13, 2009Topic Categories: Impact Fees   Property leased by the City is not a park or open space, and is not even owned by the City. Under the Impact Fees Act, it is not eligible to be used as a basis for the park …