Development Fees, Property Rights, and Housing Affordability

Local governments often require developers to provide land, fees, or affordable units as conditions of approval—known as “exactions.” Mercatus research explores how these policies affect housing affordability, property rights, and constitutional limits on land use regulation.
 

birds eye view of residential neighborhood

Policies such as impact fees, inclusionary zoning, and other development exactions aim to balance growth and community needs—but they can also raise housing costs and spark questions about fairness and legality.   

Mercatus Center research examines how such regulations affect housing markets, property rights, and state efforts to ensure reasonable limits on local authority. From scholarly analysis to Supreme Court amicus briefs, this body of work provides a roadmap for policymakers seeking reform grounded in both economics and constitutional law. 

Journal Article

Inclusionary Zoning and Housing Market Outcomes

Emily Hamilton

Originally published in Cityscape

Journal Article

Legislative Responses to the Regulatory Takings Conundrum

Emily Hamilton and Charles Gardner

Originally published in Journal of Law, Economics & Policy - George Mason University School of Law

Amicus Brief

Sheetz v. County of El Dorado

Charles Gardner and Emily Hamilton

Is a permit exaction exempt from the unconstitutional conditions doctrine simply because it is authorized by legislation?

Amicus Brief

Adams v. City of Seattle

Emily Hamilton and Charles Gardner

Brief of Amici Curiae in support of appellant Anita Adams

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