Proportionate Share Impact Fees and Development Mitigation (PDF)

Arthur C. Nelson, PhD, FAcSS, FAICP, is emeritus Professor of Urban Planning, Real Estate Development, and Geography at the University of Arizona, as well as emeritus Presidential Professor of City and Metropolitan Planning at the University of Utah, where he was also Adjunct Professor of Finance. He has authored more than 20 books and more than 300 other publications. Recent books include Foundations of Real Estate Development Financing, Reshaping Metropolitan America; The TDR Handbook (with Julian Conrad Juergensmeyer and James C. Nicholas), and the critically acclaimed Megapolitan America (with Robert E. Lang). Nelson's expert testimony helped frame urban sprawl as a legal concept in Florida, guide the Georgia Supreme Court to establish affordable housing case law, and support the rationale used by the US Supreme Court when it established the "rough proportionality" exaction doctrine in Dolan v. City of Tigard, 512 U.S. 374.

James C. Nicholas, PhD, is emeritus Professor of Urban and Regional Planning and emeritus affiliate Professor of Law at the University of Florida. He has written widely on the subject of land, environmental policy, and growth management. Nicholas has authored eight books, three monographs, and over 60 articles in the professional literature, dealing primarily with growth and local governmental finance of infrastructure. He is author of The Calculation of Proportionate-Share Impact Fees, the American Planning Association's first impact fee guide. Nicholas is also co-author of A Guide to Impact fees and Housing Affordability (with Julian Conrad Juergensmeyer and Arthur C. Nelson), editor of The Changing Structure of Infrastructure Finance, and author of State Regulation and Housing Prices. Together with Juergensmeyer, he pioneered the Rational Nexus Test, which has become the guiding principle for development mitigation such as impact fees in the United States.