Perspective
Dec. 3, 2010
Does Proposition 26 Limit New California Environmental Quality Act Mitigation?
The supermajority requirement under Proposition 26 may hinder environmental mitigation measures. By Ryan M. Leaderman of DLA Piper.
In early November, California voters approved Proposition 26. It classifies a local government's levy, charge or exaction of any kind (with a few limited exceptions) as a tax that requires a vote of two-thirds of the local electorate to impose. Proposition 26 categorizes both a charge and an exaction under the umbrella of a tax, but does not provide a corresponding exception for "an exaction imposed as a condition of property develo...
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