Development Agreement Law

For the purposes of this discussion, „development agreements“ refer to contracts that have the right to develop a given project for a longer period, under the terms set out in the agreement. [2] The main legal concern was whether an agreement setting the local development rules in force for a longer period illegitimately excluded police power or unduly restricted the discretion of future elected bodies to amend regulations. The courts have argued that these agreements do not, but that they have rights to existing rules applicable to a given land in the mutual interest of the landowner and the public. [39] Several courts have held that voluntary and resource-based commitments (and tax payment agreements) are not later questionable as unconstitutional revenues. At McClung v. Sumner City, 545 F.3d 803, modified, 548 F.3d 1219 (9. Cir. 2008), the court found that a developer who voluntarily installed a rainwater pipe on the size of the rain in exchange for a waiver of certain royalties could not later challenge the condition as a catch. In the Leroy Land Development Corp. v.

Tahoe Regional Planning Agency, 939 F.2d 696, 698 (9th Cir 1991), the Ninth Circuit found that the developer of a condominium project on Tahoe Lake, who had agreed to take mitigation measures off-site, was unable to challenge the agreed condition. In Xenia Rural Water Ass`n. Dallas County, 445 N.W.2d 785 (Iowa 1989), the court found that a claim for setback negotiated by the parties was not possible. In Rischon Development Corp. Stadt Kellor, 242 S.W.3d 161 (Tex. App. 2007), the court decided that a developer cannot accept a development agreement clause and then challenge that provision as a recipe under the country`s constitution. The statutes also deal with the consequences of a change in jurisdiction on the continuation of a development agreement. During the legislative debate, cities, for example, expressed concern that a county could approve a very long development agreement with development standards very different from municipal standards, so that the city could deal with a long-term „sub-standard“ development if the land were attached to the centre of the project.

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