This Comment analyzes a problem facing many local governments in New York State - trying to accommodate growth and development with adequate public infrastructure in a time when federal and state funds have been reduced and the general public is vehemently opposed to increased taxes. While not permitted to stop growth, some municipalities have attempted to make new development pay its fair share of the costs for additional infrastructure. Such actions have received a negative response by the New York State Court of Appeals which has held that local governments lack proper authority to condition development approval on exaction of fees for off-site improvements. The author concludes that legislative action at the state level is needed in this area and offers some suggestions.
Recommended CitationMichael G. Sterthous, Accommodating Growth and Development after Guilderland: Is the New York Legislature about to (Re)Act on Impact Fees?, 8 Pace Envtl. L. Rev. 175 (1990)
Available at: http://digitalcommons.pace.edu/pelr/vol8/iss1/7