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Police Power, Gifts, And The Washington Constitution: A Framework For Determining The Validity Of Property Rights Legislation, Gregory M. Mohrman
Police Power, Gifts, And The Washington Constitution: A Framework For Determining The Validity Of Property Rights Legislation, Gregory M. Mohrman
Washington Law Review
In November 1995, Washington voters rejected Initiative 164, a revolutionary property rights law that would have required governmental entities to compensate landowners for any loss in property value due to regulations on land use, unless those regulations were designed to prevent a public nuisance. Despite the initiative's defeat at the polls, a strong property rights movement is likely to prompt legislators to consider implementing a percentage-loss formula for determining when regulators owe compensation to property owners. This Comment discusses the inherent police power of the state to regulate property use in the public interest and argues that percentage-loss laws would …
Sudden Impact: The Effect Of Dolan V. City Of Tigard On Impact Fees In Washington, Joseph D. Lee
Sudden Impact: The Effect Of Dolan V. City Of Tigard On Impact Fees In Washington, Joseph D. Lee
Washington Law Review
As state and federal funding for public improvements steadily declines and is outstripped by demand, municipalities are turning to impact fees to fund public projects. However, the growth of impact fees has resulted in an increasing number of legal challenges by developers and private land owners. This Comment examines the evolution of impact fees in Washington and explores the legal concerns raised by the fees in light of Dolan v. City of Tigard. The Comment concludes that some impact fee statutes satisfy Dolan's "rough proportionality" test, while others do not adequately meet the U.S. Supreme Court's requirements. Impact …