Exacting Land and Fees from Land Developers for Park Purposes: A Profile of Municipal Practices

Authors

  • Ronald A. Kaiser
  • James E. Fletcher
  • Susan Groger

Keywords:

Impact fees, land dedication, park exactions, park standards, rational nexus.

Abstract

One approach to solving the physical and financial problems in park acquisition and development that confront municipal park and recreation agencies is to impose land and monetary exactions on the builders and real estate developers who are creating the population growth in an area.  The three main forms of park exactions are land dedication, fee in lieu of land requirement, and impact fee.  Each type of exaction may be imposed on developers and builders by municipalities as a condition to approval of subdivision plats and building permits.  After an analysis of the legal parameters of park exactions, this article examines munipal practices in six states that have been at the forefront in the use of park exactions.  Elucidation of the range of practices used by municipalities in these states may better equip municipal officials to understand the parameters of the practice and to deal with the controversy associated with these fiscal tools.

Published

1992-01-04

Issue

Section

Regular Papers