Exactions Flashcards

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1
Q

Exaction - What connection required?

A

Connection b/w the
🔸Ex & his anticipated needs
🔸New developmt & his capital improvements
———–
1. Reas connection b/w required exaction & anticipated needs of the community due to the impacts of the new development
AND
2. Reas connection b/w impacts of new development & the capital improvements being funded by the exaction.

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2
Q

Give an example of an exaction becoming a taking?

A
EXACTIONS
-----------
Requiring developer to dedicate land to the LG either 
- w/o compensation or 
- w/o a determinable amt of comp, 
would be an unconstitutional taking.
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3
Q

What must LG show to justify its exactions?
(FS §70.45)

A

to justify the exact Purpose must Connect the Data
———–
1. Has a public Purpose
2. Connection [Ex/Antic Needs + New/Improve]
3. Amt is based on best and most recent localized Data.

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4
Q

Ripeness doctrine

A

O must avail all reasonable administrative remedies
But no futile apps.
Ex. if LG possessing the property, just sue.

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5
Q

When can O bring suit, re: exaction?
§70.45(2)

A
EXACTIONS
-----------
your exact suit is Finally Imposing
-----------
Actions cannot be brought until:
1.	The exaction is actually imposed
OR
2.	Is required in writing as a final condition of approval for the requested use of the property.
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6
Q

Dfn. of the requirement “Imposed” - New 2021

A

Time at which O must comply w/ prohibited exaction.

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7
Q

What must exaction amt be based on? [requirement added by 163.31801(3)]

A

Exaction amt must be based on best and most recent localized data.

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8
Q

Exaction timeline of O-LG interaction.

A
EXACTIONS
-----------
Exact + 180 days to notice LG
Notice + 90 days to sue.
-----------
O has to wait 90 - 270 days to file!
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9
Q

Are costs + attorneys’ fees awarded?

A
EXACTIONS
-----------
MUST, if LG has no nexus.
Yes, if Prevail.
-----------
Prevailing party may recover.
If court determines exaction lacks essential nexus to a legitimate public purpose, the court MUST award costs + AF to O.
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10
Q

Does sovereign immunity protect?

A

No - waived!

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11
Q

Can LG’s response to O be used against it in Court?

A

Limited YES. Use for award of attorney’s fees.

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12
Q

What are specifically exempt from being an exaction & Bert Harris claims?

A
EXACTIONS
-----------
Impact fees.
Non-ad valorem assessments.
\+
1995 METS
pre-1995, flood Maps, Em Dom of transp; Transp facilities
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