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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 Eminent domain in the United States, taking that requires compensation under the Fifth Amendment to the United States Constitution, 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 requir ... [...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, 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, but t ... [...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. Theory The word ''property'', in everyday usage, refers to an object (or objects) owned by a person—a car, a book, or a cellphone—and the relationship the person has to it. In law, the concept acquires a more nuanced rendering. Factors to consider include the nature of the object, the relationship between the person and the object, the relationship between a number of people in r ... [...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 Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, 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." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eminent Domain In The United States
In the United States, eminent domain is 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 domain. ... [...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 creates several constitutional rights, limiting governmental powers focusing on United States constitutional criminal procedure, criminal procedures. It was ratified, along with nine other amendments, in 1791 as part of the United States Bill of Rights, Bill of Rights. The Supreme Court of the United States, Supreme Court has extended most, but not all, rights of the Fifth Amendment to the state and local levels. This means that neither the federal, state, nor local governments may deny people rights protected by the Fifth Amendment. The Court furthered most protections of this amendment through the Due Process Clause of the Fourteenth Amendment to the United States Constitution, Fourteenth Amendment. One provision of the Fifth Amendment requires that most felony, felonies be tried only upon indictment#United States, indictment by a Grand juries in the United States, grand jury, which the Court ruled does not app ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Easement
An easement is a Nonpossessory interest in land, nonpossessory right to use 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 Incorporeality, incorporeal property in itself at common law in most jurisdictions. An easement is similar to covenant (law), real covenants and equitable servitudes. In the United States, the Restatements of the Law, Restatement (Third) of Property takes steps to merge these concepts as servitudes. Easements are helpful for providing a 'limited right to use another person's land for a stated purpose. For example, an easement may allow someone to use a road on their neighbor’s land to get to their own.' Another example is someone's right 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dolan V
Dolan may refer to: People * Dolan (surname), a 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 Other uses * Dolan Bikes, a British bicycle manufacturer * Dolan Fire, a 2020 California wildfire * Dolan Peak, 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 * Dolan, trade name of Orphenadrine Orphenadrine (sold under many brand names) is an anticholinergic drug of the ethanolamine antihistamine class; it is closely related to diphenhydramine. It is a muscle relaxant that is used to treat muscle pain and to help with motor control in ... See also * Doolan, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Externality
In economics, an externality is an Indirect costs, indirect cost (external cost) or indirect benefit (external benefit) to an uninvolved third party that arises as an effect of another party's (or parties') activity. Externalities can be considered as unpriced components that are involved in either consumer or producer consumption. Air pollution from motor vehicles is one example. The Air pollution#Health effects, cost of air pollution to society is not paid by either the producers or users of motorized transport. Water pollution from mills and factories are another example. All (water) consumers are made worse off by pollution but are not compensated by the market for this damage. The concept of externality was first developed by Alfred Marshall in the 1890s and achieved broader attention in the works of economist Arthur Cecil Pigou, Arthur Pigou in the 1920s. The prototypical example of a negative externality is environmental pollution. Pigou argued that a tax, equal to the m ... [...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 Rail trails, disused railways, canal towpaths, utility company right of way (transportation), rights of way, or derelict industrial land. Greenways 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 lane (road), green lanes, especially those found on chalk downlands, like the Ridgeway. Definition Greenways are vegetated, linear, and multi-purpo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tigard, Oregon
Tigard ( ) is a city in Washington County, Oregon, United States. The population was 54,539 at the 2020 United States census, 2020 census, making it the List of cities in Oregon, 12th most populous city in Oregon. Incorporated in 1961, the city is located south of Beaverton, Oregon, Beaverton and north of Tualatin, Oregon, Tualatin, and is part of the Portland metropolitan area. Interstate 5 in Oregon, 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, camassia, camas root, fish, berries, elk, and various nuts. To encourage the growth of the camas pla ... [...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 Supreme Court of the United States, United States Supreme Court case in which the Court held that land-use agencies imposing conditions on the issuance of developm ...'', a 2013 United States Supreme Court case See also * Koons {{disambiguation, geo, surname ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
