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Subdivision control statutes allow a municipality to supervise the subdivision of land in the public interest. As part of the subdivision approval process, state enabling acts authorize municipalities to require the developer to install paved streets, drainage and sewage facilities, water supplies, and other improvements that are necessary to the development. While emphasizing the necessity of protecting the public by requiring these necessary improvements, courts and legislatures have neglected to give the developer the assurance of certainty that these requirements, once imposed, will not later be changed. This assurance is necessary, as the developer must be able to rely on the extent of his development costs when estimating his development expenses.

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Urban Law Annual



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Law Commons



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