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1997 SESSION
HB 1517 Real property; dedications, payments and conveyances.
Introduced by: Franklin P. Hall | all patrons ... notes | add to my profiles
SUMMARY:
Dedications, payments and conveyances. Prohibits a locality from accepting any dedications, payments, or conveyances as a part of any process involving approval for the use, improvement, or development of real property, from a property owner or applicant, except under the following conditions and terms:
(i). There must be an essential nexus between a legitimate government interest and the dedications, payments, or conveyances to be accepted;
(ii). The dedications, payments, or conveyances to be accepted must be specifically and uniquely attributable to the impact created by the actual and intended use, improvement, or development of real property; and
(iii). Any dedications, payments, or conveyances accepted by a locality must be supported by an objective study or analysis individual to the property in question and its proposed use, and which demonstrates the present specific and uniquely attributable impact justifying the acceptance of the dedication, payments, or conveyances.
In the determination of any such actions brought under these provisions, the burden of proof shall be upon the locality to justify its actions. The failure of a locality to identify and produce the required study shall constitute a prima facie case in favor of the property owner or applicant. Any locality which requires, accepts, or attempts to require or accept, any dedications, payments, or conveyances in violation of § 15.1-426.2, shall be liable to the property owner or applicant for all damages, direct and consequential, resulting from its actions. Furthermore, where the property owner or applicant is the prevailing party in any civil action brought alleging a violation of these provisions, the court shall award the property owner or applicant his reasonable attorney's fees and costs of litigation.
Northern Virginia localities, including Fauquier County, are exempted from these provisions.