Land Use and Local Government Law and Litigation

The Law Office of Robert K. Lincoln, P.A.  provides legal services to private and public entities involved in complex land use disputes.  Hiring an attorney is an important decision that should not be based solely upon advertisements.  Before you decide, ask and I will provide free information about my experience and qualifications. 

Session 8 - Annexation and Impact Fees

Here's the text of one of the most-awaited bills: annexation and the impact fee act.

The annexation bill provides for one of those highly complicated processes for dealing with a highly complicated subject. It provides for interlocal boundary agreements to rationalize both the financial and services aspect and the process for annexation. While it's still ultimately voluntary, it does provide a framework and some incentives for local governments to come to agreement about long-term boundary issues.

The impact fee bill is a serious disappointment. It does require that fees be based on "the most recent and localized data," that fees be segregated into seperate accounts, that notice of changes to fee schedules be issued 90 days prior to adoption, limits administration fees to actual cost, and requires audits.

It doesn't require credits for taxes paid by new development, require local government to meet the level of service standards that they use to set the fees, or otherwise structure the methodologies used. So the local governments win again, and the development community will be forced to continually litigate (insofar as it can afford to) the legitimacy of the abusive and unfair fees that many local governments have adopted in the absence of controlling legislation on methodology.

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Hiring an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask and I will send you free written information about my qualifications and experience. Additionally, the comments, statements and articles contained herein are general in nature and should not be relied upon as a basis for any legal opinion, action or conclusion on the part of the reader with respect to any particular set of facts or circumstances, or to establish an attorney-client relationship between us.