Exactions Flashcards
Exaction - What connection required?
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.
Give an example of an exaction becoming a taking?
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.
What must LG show to justify its exactions?
(FS §70.45)
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.
Ripeness doctrine
O must avail all reasonable administrative remedies
But no futile apps.
Ex. if LG possessing the property, just sue.
When can O bring suit, re: exaction?
§70.45(2)
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.
Dfn. of the requirement “Imposed” - New 2021
Time at which O must comply w/ prohibited exaction.
What must exaction amt be based on? [requirement added by 163.31801(3)]
Exaction amt must be based on best and most recent localized data.
Exaction timeline of O-LG interaction.
EXACTIONS ----------- Exact + 180 days to notice LG Notice + 90 days to sue. ----------- O has to wait 90 - 270 days to file!
Re Exactions:
Are costs + attorneys’ fees awarded?
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.
~~~
Does sovereign immunity protect?
No - waived!
Can LG’s response to O be used against it in Court?
Limited YES. Use for award of attorney’s fees.
What are specifically exempt from being an exaction & Bert Harris claims?
EXACTIONS ----------- Impact fees. Non-ad valorem assessments. \+ 1995 METS pre-1995, flood Maps, Em Dom of transp; Transp facilities
