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ID H0246
Bill
Status
3/4/2013
Primary Sponsor
State Affairs Committee
Click for details
AI Summary
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Clarifies that governmental entities adopting development impact fee ordinances must provide administrative appeals for developers or fee payers from discretionary actions or inactions.
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Allows fee payers to pay development impact fees under protest to obtain development approval or building permits without losing the right to appeal or receive refunds of illegally collected amounts.
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Requires governmental entities to offer mediation by a qualified independent party when both the fee payer and governmental entity voluntarily agree, with mediation costs shared equally and available at any time during the appeals process.
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Establishes that in any judicial action or appeal challenging an impact fee, the governmental entity bears the burden of proving by a preponderance of the evidence that the ordinance or fee amount meets statutory requirements.
Legislative Description
Amends existing law relating development impact fees to clarify the appeals process.
DEVELOPMENT IMPACT FEES
Last Action
Referred to Local Government
3/6/2013