Land Use & Zoning
A NH developer proposes a 25-unit subdivision. The town's subdivision regulations require a 'recreation space' dedication of 5% of the land area. This requirement is:
AA taking requiring just compensation
BAn example of exaction (a condition of subdivision approval) permissible under NH law✓ Correct
CProhibited by NH RSA 674
DOnly applicable to commercial developments
Explanation
Exactions—requirements imposed as conditions of subdivision approval (such as dedicating land for parks or paying fees in lieu)—are permissible under NH law, provided they have a reasonable nexus to the impacts of the proposed development. NH RSA 674:21 authorizes impact fees.
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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
VarianceOfficial permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
Short SaleA sale of real property where the sale proceeds are less than the outstanding mortgage balance, requiring lender approval.
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