Municipal Infrastructure Funding: Overcoming Legal Challenges with Exactions and Impact Fees
Navigating New Application of Essential Nexus and Rational Relationship Standards, State Law, and Types of Exactions
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to municipal counsel on the latest developments in the use of exactions and impact fees to fund infrastructure. Attendees will benefit from an analysis of the impact of the Koontz decision, how the legal standards now apply to monetary exactions and more.
Outline
- Types of exactions
- Supreme Court doctrine
- Nollan, Dolan and Koontz
- Applicability of legal standards
- Essential nexus
- Rational relationship
- Legislative exception
- State law issues
- Best practices
Benefits
The panel will review these and other key questions:
- What types of burdens or requirements placed on a developer constitute an exaction or impact fee?
- What are the legal standards with which municipalities must comply in planning and implementing exactions?
- How does the Supreme Court’s decision in Koontz change the landscape of exactions? How must municipalities deal with the new challenges developers will now be able to use?
- How must state law be considered in implementing exactions?
Faculty

Rob Killen
Shareholder
Kaufman & Killen
Mr. Killen specializes in development rights, creation of special districts, annexation, zoning and governmental... | Read More
Mr. Killen specializes in development rights, creation of special districts, annexation, zoning and governmental relations. He represents developers and property owners before various boards and commissions. He is a frequent speaker on issues related to land use law.
CloseDeborah Rosenthal
Partner
Sheppard Mullin
Ms. Rosenthal devotes her practice to land use and environmental law and litigation. She works extensively with... | Read More
Ms. Rosenthal devotes her practice to land use and environmental law and litigation. She works extensively with land use and environmental issues in California, including wetlands, endangered species, takings, historic preservation, mitigation banking and hazardous materials. She has been involved in a variety of complex environmental permitting programs for large private developments.
Close