Legal exactions or “platmail”?: The developer debate over proportionality


The project seemed like it had “green light” written all over it: a three-phase, 247-lot residential subdivision planned in a small community that struggled to keep up with a recent population boom.

On the surface, it appeared to be a win-win for the developer and the town. However, before the town would approve the plat, it required the developer to rebuild an existing two-lane asphalt road with concrete, the modern standard. The cost of such an exaction was steep: roughly $500,000. Though the developer fought the requirement, the improvement was made by the developer, but under protest.

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