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Exaction
An exaction is a concept in US real property law where a condition for development is imposed on a parcel of land that requires the developer to mitigate anticipated negative impacts of the development. The rationale for imposing the exaction is to offset the costs, defined broadly in economic terms, of the development to the municipality. Exactions are similar to impact fees, which are direct payments to local governments instead of conditions on development. Exactions and takings The Supreme Court of the United States has identified several criteria for identifying when an exaction becomes a taking that requires compensation under the Fifth Amendment. Essential nexus In ''Nollan v. California Coastal Commission'', the court ruled that an exaction is legitimate if it shares an "essential nexus" with the reasons that would allow rejection of the permit altogether. In ''Nollan'' the court required compensation for a public easement over the dry sand area of the beach as a conditio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Impact Fees
An impact fee is a fee that is imposed by a local government within the United States on a new or proposed development project to pay for all or a portion of the costs of providing public services to the new development.Juergensmeyer, Julian C., and Thomas E. Roberts. Land Use Planning and Development Regulatory Law. St. Paul, MN: West Group, 2003. 351-373. Impact fees are considered to be a charge on new development to help fund and pay for the construction or needed expansion of offsite capital improvements. These fees are usually implemented to help reduce the economic burden on local jurisdictions that are trying to deal with population growth within the area. History Impact fees were first implemented in Hinsdale, Illinois in 1947. To finance a water treatment plant expansion, the Hinsdale Sanitary District president John A. McElwain implemented a "tap-in" fee of $50 per new residential sewer line. The sanitary district was sued by the Illinois Home Building Association, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Real Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyday usage, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eminent Domain In The United States
Eminent domain in the United States refers to the power of a state or the federal government to take private property for public use while requiring just compensation to be given to the original owner. It can be legislatively delegated by the state to municipalities, government subdivisions, or even to private persons or corporations, when they are authorized to exercise the functions of public character. Property taken by eminent domain may be for government use or by delegation to third parties, who will devote it to public or civic use or, in some cases, to economic development. The most common uses are for government buildings and other facilities, public utilities, highways and railroads. However, it may also be taken for reasons of public safety, as in the case of Centralia, Pennsylvania, where land was taken due to an underground mine fire. Some jurisdictions require that the condemnor make an offer to purchase the subject property, before resorting to the use of eminent doma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fifth Amendment To The United States Constitution
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution. It was ratified, along with nine other articles, in 1791 as part of the Bill of Rights. The Fifth Amendment applies to every level of the government, including the federal, state, and local levels, in regard to a US citizen or resident of the US. The Supreme Court furthered the protections of this amendment through the Due Process Clause of the Fourteenth Amendment. One provision of the Fifth Amendment requires that felonies be tried only upon indictment by a grand jury. Another provision, the Double Jeopardy Clause, provides the right of defendants to be tried only once in federal court for the same offense. The self-incrimination clause provides various protections against self-incrimination, including the right of an individual not to serve as a witness in a criminal case in which they are the defendant. "Pleading the Fifth" is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Easement
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions. An easement is similar to real covenants and equitable servitudes. In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes. Easements are helpful for providing access across two or more pieces of property, allowing individuals to access other properties or a resource, for example to fish in a privately owned pond or to have access to a public beach. The rights of an easement holder vary substantially among jurisdictions. Types Historically, common law courts would enforce only four types of easement: * Right-of-way (easements of way) * Easements of support (pertaining to excavations) * Easemen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dolan V
Dolan may refer to: People * Dolan (surname) * Dolan people, Xinjiang, China * The Dolans, an American husband and wife who hosted financial advice shows on radio and television Places in the United States * Dolan, Indiana * Dolan Springs, Arizona * Dolan Township, Cass County, Missouri Fiction * Ellen Dolan (comics), a character from ''The Spirit'', created by Will Eisner * Dolan (bioship), living spaceships in the ''Perry Rhodan'' fictional universe Other uses * Dolan Bikes, a British bicycle manufacturer * Dolan Fire, a 2020 California wildfire * Dolan Peak Dolan Peak () is a rock peak, high, standing west-northwest of Hendrickson Peak in the northwest part of the Quartz Hills. It was mapped by the United States Geological Survey from surveys and U.S. Navy air photos, 1960–64, and was named by t ..., a rock peak in the Quartz Hills, Antarctica * Dolan v. City of Tigard, a Supreme Court case in the United States * Dolans, a music venue and pub in Limerick, Ireland * Do ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Externality
In economics, an externality or external cost is an indirect cost or benefit to an uninvolved third party that arises as an effect of another party's (or parties') activity. Externalities can be considered as unpriced goods involved in either consumer or producer market transactions. Air pollution from motor vehicles is one example. The cost of air pollution to society is not paid by either the producers or users of motorized transport to the rest of society. Water pollution from mills and factories is another example. All consumers are all made worse off by pollution but are not compensated by the market for this damage. A positive externality is when an individual's consumption in a market increases the well-being of others, but the individual does not charge the third party for the benefit. The third party is essentially getting a free product. An example of this might be the apartment above a bakery receiving the benefit of enjoyment from smelling fresh pastries every mornin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Greenway (landscape)
A greenway is usually a shared-use path along a strip of undeveloped land, in an urban or rural area, set aside for recreational use or environmental protection. Greenways are frequently created out of disused railways, canal towpaths, utility or similar rights of way, or derelict industrial land. Greenways also can also be linear parks, and can serve as wildlife corridors. The path's surface may be paved and often serves multiple users: walkers, runners, bicyclists, skaters and hikers. A characteristic of greenways, as defined by the European Greenways Association, is "ease of passage": that is that they have "either low or zero gradient", so that they can be used by all "types of users, including mobility impaired people". In Southern England, the term also refers to ancient trackways or green lanes, especially those found on chalk downlands, like the Ridgeway. Definition Greenways are vegetated, linear, and multi-purpose. They incorporate a footpath and/or bikeway wit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tigard, Oregon
Tigard ( ) is a city in Washington County, Oregon, United States. The population was 48,035 at the 2010 census. As of 2007, Tigard was the state's 12th largest city. Incorporated in 1961, the city is located south of Beaverton and north of Tualatin, and is part of the Portland metropolitan area. Interstate 5 and Oregon Route 217 are the main freeways in the city, with Oregon Route 99W and Oregon Route 210 serving as other major highways. Public transit service is provided by TriMet, via several bus routes and the WES Commuter Rail line. History Before colonization by European settlers, the Atfalati inhabited the Tualatin Valley in several hunter-gatherer villages including Chachimahiyuk ("Place of aromatic herbs"), near present-day Tigard. Primary food stuffs included deer, camas root, fish, berries, elk, and various nuts. To encourage the growth of the camas plant and maintain a habitat beneficial to deer and elk, the group regularly burned the valley floor to discourage the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Koontz V
Koontz may refer to: *Koontz (surname) *Koontz Lake, Indiana, a census-designated place in the U.S. *Koontz House (other) – multiple buildings *''Koontz v. St. Johns River Water Management District ''Koontz v. St. Johns River Water Management District'', 570 U.S. 595 (2013), is a United States Supreme Court case in which the Court held that land-use agencies imposing conditions on the issuance of development permits must comply with the "nex ...'', a 2013 United States Supreme Court case See also * Koons {{disambiguation, geo, surname ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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