Creating Pedestrian and Bicycle Systems in Conjunction With New Development

摘要

At first glance, the U.S. Supreme Court's landmark ruling, The City of Tigard, Oregon vs. Dolan, pronounces a fundamental shift in the way the court views land-taking for pedestrian and bicycle easements through the building permit process. Upon closer reading of the court's 5-4 decision, however, the majority opinion leaves several unanswered questions about the type of information that a city must provide to warrant a land-taking for pedestrian or bicycle access. Therefore, it is left to the planning and engineering community to define specifically the relationship between new development and pedestrian/bicycle facilities. (Note: The Dolan case specifically considers property rights, and not development fees or other forms of development impact mitigation.