SB1787

THE CONTEXT: A property owner may appeal the requirement by a local government of a dedication or exaction as a condition of granting approval for the use, improvement or development of real property. The local government must notify the property owner of their right to appeal the local government's action and provide a description of the appeal procedure.

WHAT THE BILL DID: The final vetoed version would prohibit a local government from: a; imposing an exaction on an applicant for any proposed project without a written notice of the required exaction; and b; requiring the applicant to satisfy the exaction as a prerequisite to appeal the validity of the individualized determination, require a local government to pay for the individualized determination and to provide the completed individualized determination within 60 days after receiving the request from the applicant, and stipulate that the local government, in an appeal, has the burden of proof to demonstrate that the exaction is roughly proportional to the adverse impact of the proposed project. Applicant.

WHY IT MATTERED: The practical reason for this bill was to give the people who rely on the rule clearer information and a defined reporting process. It would prohibit a local government from: a. imposing an exaction on an applicant for any proposed project without a written notice of the required exaction; and b. requiring the applicant to satisfy the exaction as a prerequisite to appeal the validity of the individualized determination, and would also require a local government to pay for the individualized determination and to provide the completed individualized determination within 60 days after receiving the request from the applicant, rather than leave the current rule unchanged.