Foreword

• Author: David L. Callies/Daniel J. Curtin Jr./Julie A. Tappendorf
• Pages: 11-11

Foreword

The purpose of our handbook is twofold: to explore the policy and planning

principles behind land development conditions, vested rights, and devel-

opment/annexation agreements, and to provide guidance for the practicing pro-

fessional, government, and land development communities in evaluating the

need for, and the drafting of, land development statutes, ordinances, and agree-

ments. Our basic premise is twofold as well. First, land development and an-

nexation agreements provide an excellent vehicle for government and land-

owners 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 needs more in the way of public facili-

ties than the common-law grants to either. Vested rights to proceed with a de-

velopment, including the multistage variety, are not easy for the landowner to

come by under the applicable legal principles. Public facilities that are not

closely tied to a land development project through nexus and proportionality

are similarly difficult for government to legally obtain. A development agree-

ment provides nicely for both.

Weare grateful for the assistance of a number of able helpers and supporters

throughout the research and writing of this handbook. David Callies would par-

ticularly like to thank the Pacific Legal Foundation for the research funds pro-

vided over the past two years through the Hawaii Property Law Project, and

Heidi Guth, a 2002 graduate of the William S. Richardson School of Law, for

her research and editing assistance. Dan Curtin thanks David Petersen, an asso-

ciate in the WalnutCreek office of Bingham McCutchen LLP, for his contribu-

tions and research efforts. Julie Tappendorfis grateful for the valuable research

and assistance provided by Jennifer Jackson, a law clerk at Holland & Knight

LLC. Finally, we all would like to thank Jinhee Kim and Dominique Tansley,

for submitting designs which influenced the production of the present cover,

and Eric Damien Kelly, editor of the treatise, Zoning and Land Use Controls,

which first published chapters on development agreements and vested rights in

the 1990s written by David Callies and Julie Tappendorf,and which formed the

organizational basis for much of what appears in this handbook on those sub-

jects. Callies and Tappendorf have used this structure in recent writings on de-

velopment agreements that have appeared in Patricia Salkin (ed.) Trends in

Zoning Law From A to Z, published by the American Bar Association Press in

early 2001, and in an article entitled Unconstitutional Land Development Con-

ditions and the Development Agreement Solution: Bargainingfor Public Facil-

ities After Nollan and Dolan that appeared in 51 Case W. L. Rev. 663 (2001).

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