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From page 30...
... 30 APPENDIX A TRB Survey TCRP J-5, Study Topic 9-02 Use of Fees or Alternatives to Fund Transit Questionnaire The Transportation Research Board has retained a consultant to do a study with the goal of ascertaining the extent to which impact fees, benefit assessments and benefit districts have been used to fund transit, the scope of enabling legislation, the restrictions imposed by state constitutions and statutes and the extent to which proposed and/or implemented impact fee programs have passed United States Constitutional muster. The purpose of this survey is to collect information from transit systems, companies and other institutions involved in the transit industry to develop an industry-wide perspective on the successful use of impact fees, benefit assessments and benefit districts for transit purposes and the hurdles and obstacles in the respective States to impact fees, benefit assessments and benefit districts.
From page 31...
... 31 9. As you know, impact fees may be challenged on one of several bases: violation of equal protection; failure to provide due process; the imposition of double taxation; and the formula for calculating or actual calculation of the fee.

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