Gain tips on how to distinguish between fees that have been upheld and those which have been found deficient in one way or another.
The establishment and imposition of reasonable, legally-valid, development impact fees and similar exactions as conditions of development approval remains one of the most contentious and fiscally-significant subjects of concern for public policy-makers, planners, governmental agencies and private developers and property owners (as well as for prospective home buyers and tenants). In light of increasing budgetary constraints (exacerbated by the recent pandemic) many state and local agencies increasingly turn to fees as a critical source of funding for needed public infrastructure and facilities. At the same time, however, there is widespread recognition that such fees and exactions are a major factor adversely impacting the affordability of housing. Legislatures and courts have imposed new constraints on the use of development fees. This topic will provide insights as to how to try to navigate these turbulent waters, including practical suggestions and guidance based on recent court decisions, distinguishing between fees that have been upheld and those which have been found deficient in one way or another.
David P. Lanferman
Rutan & Tucker, LLP
- Experienced land use attorney and partner in Rutan & Tucker, LLP, based in the firm’s Palo Alto and San Francisco offices
- Experience includes obtaining and defending land use entitlements, and features prominent roles in analyzing, negotiating, and litigating issues raised by development fees, impact mitigation fees, connection and capacity charges, school facilities fees, regulatory fees, special taxes, and other types of exactions or conditions imposed as conditions of development or permit approval
- Involved in the design, review, and analysis of hundreds of fee programs and ordinances as well as input to state government on fee legislation
- Litigated more than 300 cases involving development fees or land use exactions in trial courts throughout California
- Lead counsel in many appellate court cases involving land use practice and development fees, including successful outcomes in several notable published decisions by the California Courts of Appeal and Supreme Court, as well as amicus briefing in the U.S. Supreme Court in several cases involving fees and exactions
- Update Author, and editorial advisor, for CEB’s authoritative treatise on California Land Use Practice, and a frequent contributor of articles and presentations on impact development fees, CEQA, mitigation measures, zoning and subdivision regulation, and other topical land use issues
- Served as vice-chair of the Executive Committee of the Real Property Law Section of the State Bar of California
- Awarded an advanced study certificate in Litigating and Defending Impact Fees by the Georgia Institute of Technology.
- Graduate, high honors and Phi Beta Kappa, U.C. Davis; J.D. degree, editorial board, Constitutional Law Quarterly, U.C. Hastings College of Law
All of your training, right here at Lorman.
Pay once and get a full year of unlimited training in any format, any time!
- Live Webinars
- OnDemand Webinars
- MP3 Downloads
- Course Manuals
- Audio Recordings*
- Executive Reports
- White Papers and Articles
- Sponsored Live Webinars
Additional benefits include:
- State Specific Credit Tracker
- Members Only Newsletter
- All-Access Pass Course Concierge
* For audio recordings you only pay shipping
Questions? Call 877-296-2169 to speak with a real person.
More Program Information
Access to all training products $699/year
Unlimited Lorman Training
With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!
Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.
Invest in Yourself
You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.