NEWS | Arthur C Nelson Advances Scholarship of Development Impact Fees
Academic publisher, Routledge, recently contracted Planning and Real Estate professor Dr. Arthur C. Nelson, to co-write the book Impact Fees: Principles and Practice of Proportionate Share Impact Mitigation. According to Nelson, "Barring a Supreme Court decision that bans the practice entirely, the book will likely guide local government impact fee and exaction practice into the 2030s."
After decades of evolving practice which is often tested through legal challenges, impact fees have become institutionalized in the American local public finance system. However, they remain contentious even as they evolve. Impact Fees shows how impact fees and other development exactions can and must be designed to achieve more efficient land use patterns that will improve the fiscal conditions of local governments while elevating economic development of local communities.
Nelson helped make impact fees a mainstay of local government finance since the 1980s. His scholarly work was cited in the U.S. Supreme Court opinion, Dolan v. Tigard, Oregon, leading to the "rough proportionality" principle that has guided local government development exactions since the middle 1990s. His co-authors, Julian Conrad Juergensmeyer, a law professor at Georgia State University, and James C. Nicholas, an economist and professor emeritus at the University of Florida are also leaders in advancing development exactions consistent with constitutional principles.