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Perspective

Oct. 19, 2012

Policies clash when it comes to subdivision improvement bonds

There is no guidance reconciling competing policies -- that taxpayers should not be burdened by the installation of public improvements versus disfavoring stale claims. By Joan Stevens Smyth of Kaufman Dolowich Voluck & Gonzo LLP


By Joan Stevens Smyth


With competing public policies and no clear appellate guidance, insurers and municipalities are examining the questions of what is the statute of limitations and when does it commence running when the public agency seeks to enforce the terms of a subdivision improvement bond, particularly in instances when the original subdivision developer is long gone and the public improvements remain uninstalled. With an anemic economy and the difficult...

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