Sudden Impact: The Effect of Dolan v. City of Tigard on Impact Fees in Washington

Authors

Joseph D. Lee

Abstract

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 fee statutes that do not comply with the "rough proportionality" standard should be invalidated.

First Page

205

Recommended Citation

Joseph D. Lee, Notes and Comments, Sudden Impact: The Effect of Dolan v. City of Tigard on Impact Fees in Washington, 71 Wash. L. Rev. 205 (1996).
Available at: https://digitalcommons.law.uw.edu/wlr/vol71/iss1/6