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Fees › Mitigation

Foley Hoag LLP - Energy & Climate Counsel

SMART 3.0 Program Key Changes and Features: Mitigation Fees

Foley Hoag LLP - Energy & Climate Counsel on

We’ve previously covered the Massachusetts Department of Energy Resources (“DOER”) emergency regulations released last month for the SMART 3.0 Program, which significantly revise DOER’s Solar Massachusetts Renewable Target...more

Perkins Coie

Court Orders Refund of All Unexpended Fees in Landmark Mitigation Fee Act Case

Perkins Coie on

A recent decision highlights the importance of strict compliance with the Mitigation Fee Act’s requirement that findings be made every five years concerning unexpended fees. The Sixth District Court of Appeal held that the...more

Allen Matkins

Court Holds That County’s Traffic Mitigation Fee Was Valid Under the California Mitigation Fee Act and Did Not Violate the Takings...

Allen Matkins on

California’s Court of Appeal for the Third District recently held that El Dorado County’s imposition of a Traffic Impact Mitigation Fee (TIM) as a condition of approval for a residential building permit was valid under the...more

Perkins Coie

Traffic Mitigation Fee Did Not Violate the Unconstitutional Conditions Doctrine Under Nolan and Dolan

Perkins Coie on

A traffic mitigation fee required for construction of a single-family home did not amount to an “unconstitutional condition” in violation of the takings clause of the Fifth Amendment, and the County complied with the...more

Perkins Coie

School District May Assess Fees Based on General Type of Development and Need Not Consider Subtypes

Perkins Coie on

A school district may impose reasonable school impact fees based on the general type of development, regardless of whether the specific subtype of development will or will not generate new students. AMCAL Chico, LLC v. Chico...more

Jackson Walker

The Texas Tree Mitigation Fee Credit Bill is Resurrected from the Dead

Jackson Walker on

Many developers must remove existing trees in order to build new homes or buildings. Some cities have required developers to pay fees, known as tree mitigation fees, as a condition for permitting the removal of the trees....more

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