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Document Type

Article

Media Type

Text

Abstract

Many Illinois municipalities impose exactions, or impact fees, on new housing developments. Appropriate impact fees offset the anticipated financial burdens on government created by a resulting increase in population, such as a need to build wider roads or add schools. The validity of these fees, however, is subject to a unique and especially stringent standard under the Illinois Constitution's Takings Clause. Unlike the U.S. Supreme Court's interpretation of the federal constitution and most other state court interpretations of their respective constitutions, an impact fee in Illinois must be uniquely and specifically attributable to the burdens it creates for a local government. This article traces the origin and the development of this stringent standard by Illinois courts and how it differs from the U.S. Supreme Court's interpretations under the classic takings cases Nollan and Dolan. It argues that the stringent standard applies with equal force to non-home rule and home rule units, and that, in Illinois at least, municipal legislative acts must also meet the strict standard.

First Page

92

Last Page

139

Publication Date

11-1-2018

Department

Other

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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