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expressly prohibited or preempted by state law.22 However, other courts have <br />invalidated impact fees as unauthorized taxes in the absence of specific <br />statutory provisions authorizing them as legitimate exercises of police power? <br />To clarify the power of local governments to adopt impact fees, some seventeen <br />states have adopted general impact-fee enabling legislation since 1986, <br /> <br /> 22, See, e.g., Jordan v. Village of Menomonee Falls, 137 N.W.2d 442 (Wis. 1965), appeal <br /> dismissed, 385 U.S. 4 (1966) (fees in lieu of dedication of land for school, park, and recreational <br /> purposes upheld); Home Builder and Contractors Ass'n of Palm Beach County, Inc. v. Board of <br /> County Corem'rs of Palm Beach Counly, 466 So. 2d 149 (Fla. App. 1983), cert. denied, 451 So. <br /> 2d 848 (Fla. 1983) (impact fee for road improvements authorized by general statutory grant of <br /> power to nonc~l~rter counties and the state's local government comprehensive planning <br /> statutes); Builders Ass'n of Santa Clara-Santa Cruz Counties v. Superior Court, 529 P.2d 582 <br /> (Cal. 1974) (school impact fee valid exercise of police power to local governments derived from <br /> California Constitution); Candid Enterprises, Inc. v. Grossmont Union High School Dist., 705 P.2d <br /> 876 (Cal. 1985) (en banc) (California School Facilities Act, authorizing local jurisdictions to require <br /> the payment of school impact fees for Ihe construction of temporary and permanent school <br /> facilities as a condition of subdivision approval, did not preempt local authority to impose additional <br /> fees for permanent school facilities). <br /> <br /> 23, See, e.g., Eastern Diversified Properties, Inc. v. Montgomery County, 570 A.2d 850 (Md. <br /> <br />1990) (road improvement impact fee invalidated as unauthorized tax in the absence ot specific <br />authorizing legislation); Albany Area Builders Ass'n v. Town o! Guilderland, 546 N.E.2d 920 (N.Y. <br />1989), aff'g 534 N.Y.S.2d 797 (N.Y. App. 1988) (transportation impact fee invalidated tot lack of <br />enabling authority). "Absent free-wheeling home rule authority, express or implied statutory <br />authority is crucial to the validity of an exaction," Marlin Smith, "From Subdivision Improvement <br />Requirements to Community Benefit Assessments and Linkage Payments: A Brief History of <br />Land Development Exactions," Law and Contemporary Prob/ems 50 (Winter 1987): 5, 10. <br /> <br /> 39 <br /> <br /> <br />