Sometimes an Impact Fee Is Not Just an Impact Fee: The Possible Inequitable Application of Hawaii's Impact Fee Statute to Foreign Investors

Authors

Jose F. Vera

Abstract

Historically, Hawaii has assessed foreign developers high impact fees either as a means to raise capital for affordable housing or as a means to regulate foreign investment. In 1992, Hawaii enacted House Bill 3787, an impact fee statute, to promote uniformity in Hawaii's assessments of impact fees. Although Hawaii's statute provides uniformity for most developers, it still permits local governments to assess foreign developers disproportionately higher impact fees. This Comment examines how a foreign developer might challenge either Hawaii's impact fee statute or an individual impact fee assessment as violating his or her constitutional rights under the Fourteenth Amendment's Equal Protection Clause. This Comment further argues that assessing foreign developers high impact fees either as a means to pay for affordable housing or as a means to regulate foreign investment is a bad policy choice in light of Hawaii's general need for investment

First Page

465

Recommended Citation

Jose F. Vera, Comment, Sometimes an Impact Fee Is Not Just an Impact Fee: The Possible Inequitable Application of Hawaii's Impact Fee Statute to Foreign Investors, 3 Pac. Rim L & Pol'y J. 465 (1995).
Available at: https://digitalcommons.law.uw.edu/wilj/vol3/iss2/6