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House Bill 256 — Development impact fees, refund

House Bill 256 — Development impact fees, refund

Parrish Miller
March 2, 2023

Bill Description: House Bill 256 would require any unit of government that improperly imposes an impact fee to refund it in full, with interest, to those who were wrongfully charged such a fee.

Rating: +1

Does it directly or indirectly create or increase any taxes, fees, or other assessments? Conversely, does it eliminate or reduce any taxes, fees, or other assessments?

House Bill 256 would amend Section 67-8204, Idaho Code, to add, "Any development impact fee imposed, charged, or required by a governmental entity that is found to be null and void for being inconsistent with the provisions of this chapter or in violation of any other law must be refunded in full to the fee payers that were wrongfully charged such fee. The refunded amount shall include interest on the fee amount from the date of the fee payment at the legal rate of interest pursuant to section 28-22-104, Idaho Code."

It is appropriate and just that any improperly or illegally imposed impact fees be refunded in full, and with interest, to anyone who was wrongfully charged such a fee.


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