§ 7.2 - Definitions

• Jurisdiction: Washington

§7.2 definitions

Definitions of important terms used in this chapter are set out below.

(1) Development exactions

A precise definition of the term exaction is elusive, despite the fact that it has established itself as a part of the lexicon of any land use lawyer. Blacks Law Dictionary defines the term in the context of land use as [a] requirement imposed by a local government that a developer dedicate real property for a public facility or pay a fee to mitigate the impacts of the project, as a condition of receiving a discretionary land-use approval. Black's Law Dictionary 679 (10th ed. 2014). In the context of takings jurisprudence, the U.S. Supreme Court once defined this term in dicta, equating the term to decisions conditioning approval of development on the dedication of [real] property.... City of Monterey v. Del Monte Dunes at Monterey, Ltd., 526 U.S. 687, 702, 119 S. Ct. 1624, 143 L. Ed. 2d 882 (1999). In 2013, the U.S. Supreme Court described a local governments conditioning a development approval on the payment of money as a monetary exaction. See Koontz v. St. Johns River Water Mgmt. Dist., 568 U.S. ___, 133 S. Ct. 2586, 2600-2603,, 186 L. Ed. 2d 697 (2013). The Washington Supreme Court has adopted a relatively broad definition, at least in the context of a constitutional takings analysis, suggesting that conditioning development on the payment of money should also be considered an exaction. See Benchmark Land Co. v. City of Battle Ground, 146 Wn.2d 685, 692, 49 P.3d 860 (2002) (en banc) (discussing City of Monterey, 526 U.S. at 702). Much of the literature on exactions and impact fees does...