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Daniel J. Curtin, Jr. <br />mcCUTCHEN, DOYLE, BROWN & ENERSEN <br />Walnut Creek, California <br />CITY ATTORNEYS DEPARTMENT <br />LEAGUE OF CALIFORNIA CITIES <br />1985 Annual Conference <br />San Francisco, California <br />DEDICATIONS, EXACTIONS AND IN LIEU FEES <br />AS A LAND USE PLANNING TOOL <br />I. OVERVIEW <br />In nearly all aspects of land use <br />approval? <br />val? dedimost of <br />the controversy arises around the am <br />ount nt <br />exactions or in lieu fees a cityl can impose a n t"exaCtioval <br />of development. The Twords t its "dedication" <br />simple in theory <br />are interchangeable. <br />the developer, in return for the privilege ofde developing <br />his land and thus realizing aprofit from governmental <br />approval agrees to donate to the City anmount of land i t d (by <br />money) needed to provide certain services <br />the influx of new residents or employees into the community <br />unity <br />which his development will attract. <br />guilders, �, Inc'. v. C of Walnut Cree Cal. 3C935 <br />�19 1� ; Trent Mei N, I v. oxn, 11� Cal. <br />App. 3d fl 19 1 <br />The City argues that this dedication arrangement is <br />only fair -- the developer has created a near, sometimes <br />overwhelming' burden on local government servicess <br />therefore, he should offset the additional responsibilities <br />required of the City by the dedication offor nd r payment for <br />of <br />developer fees needed to providerequired <br />�qon rthe other hand, argues <br />nt and <br />future residents. The P <br />that these extra expenses drive up <br />tecost f th e <br />development and, in particular, if it ihousing, <br />in higher costs for the home purchaser <br />elaimsatha <br />affordable housing. in addition, the developer ant of <br />dedications can be a taking of property without pay <br />Compensation. <br />lWhen the word "City" is used, it also refers to *County." <br />-1- <br />