Perkins Coie California Land Use & Development Law Report – Building Industry Challenges Public Art Requirements

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Building Industry Challenges Public Art Requirements

The Building Industry Association of the Bay Area has filed a lawsuit in federal court in the Northern District of California challenging the City of Oakland’s recent adoption of a public art ordinance on constitutional grounds.

The challenged Ordinance requires developers to install art works (worth at least 1/2% of the total cost of residential projects or 1% of commercial projects) as part of their developments using artists approved by the City. Builders may opt out of the public art requirement only if they pay an in-lieu fee to the City to be used to fund installation of publicly owned art on City property.
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