Bargaining for Development
- Publisher:
- Environmental Law Institute
- Publication date:
- 2003-07-19
- Authors:
-
David L. Callies
Daniel J. Curtin Jr.
Julie A. Tappendorf - ISBN:
- 1-58576-061-7
Description:
A Handbook on Development Agreements, Annexation Agreements, Land Development Conditions, Vested Rights, and the Provision of Public Facilities. Bargaining for Development is a one-of-a-kind handbook that explores the policy and planning principles behind land development conditions, vested rights, and development/annexation agreements, and provides guidance for the practicing professional, government, and land development communities in evaluating the need for, and the drafting of, land development statutes, ordinances, and agreements. The handbook's basic premises are two-fold. First, land development and annexation agreements offer an excellent vehicle for government and landowners to provide in detail for land developments. Second, because of the law pertaining to vested rights and land development conditions, the development community needs more assurances concerning the continued viability of their projects and the government community requires more in the way of public facilities than the common law grants to either. Vested rights to proceed with a development, including the multi-stage variety, are not easy to come by under the applicable legal principles. Public facilities not closely tied to a land development project through nexus and proportionality are similarly difficult to legally enforce. A development agreement provides for both.
Case List
Appendices
- California Mitigation Act-Government Code
- Florida Impact Fee Statute
- Illinois Road Impact Fee Statute
- Model Impact Fee Ordinance
- Village of Northbrook, Illinois Impact Fee Ordinance
- Hawaii Development Agreement Statute
- California Development Agreement Statute
- Washington Development Agreement Statute
- Arizona Development Agreement Statute
- Sample Development Agreement (California)
- Illinois Annexation Agreement Statute
- North Carolina Annexation Agreement Statute
- Sample Annexation Agreement (Local Government-Oriented)
- Sample Annexation Agreement (Developer-Oriented)
- Checklist for Drafting Annexation and Development Agreements