Land Use Law Commons^™

As more states and local governments decide to offer green building incentives and other programs to offset the impact of land uses that do not meet sustainable development standards, they must decide how to fund or offset the costs of their programs. This Article argues that developer fees should be used more ambitiously to help finance the most progressive sustainability objectives, and it examines the legal limits that apply to developer funding devices for sustainability, such as sustainability impact and mitigation fees. The U.S. Supreme Court’s land use exactions opinions do not provide meaningful guidance concerning the constitutionality of monetary …

By demanding stewardship of natural capital over exploitation, sustainability envisions a property regime less committed to individual property rights than are the traditional and economic theories of property. While the traditional property theories of Blackstone, Locke, and U.S. constitutional doctrine tolerate restrictions on private property rights for the sake of public welfare, they resist the strongest versions of sustainability, which promote generational and social justice. Similarly, an economic analysis of property recognizes the values of resource conservation and welfare for future generations, but only to the limited extent the economist can calculate future value. As a result, economic analysis may …