Article · Real Estate
The Line You Draw on a Map: How Subdivision and Exaction Law Actually Works
42 U.S.C. § 1983
- Type
- Article
- Jurisdiction
- National
- Date
- 2024-03-07
- Topic
- Real Estate
Turning one parcel into forty lots is the moment when a landowner and a local government negotiate who pays for the consequences of growth, and the law of that negotiation is stranger than it looks. This article explains what subdivision review actually is, why it is a ministerial process that behaves like a discretionary one, and how the plat becomes the permanent legal description of every lot that follows. It covers the exaction doctrine that constrains what a government may demand as the price of approval — the essential nexus and rough proportionality requirements, and the unresolved question of how far they reach legislatively adopted impact fees. It explains improvement guarantees, dedication and acceptance, and the vested rights doctrines that determine whether a rule change mid-project applies. It covers the environmental and infrastructure permits that run alongside, and closes with what actually goes wrong: expired approvals, unaccepted improvements, and the bond nobody released.
The full text of this document is available to Executive subscribers and above. See plans.