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Commentary

Finetuning the Taking Equation: Applying it to Development Exactions, Part II

 

Abstract

The first part of this two-part article summarized the three blockbuster land use taking cases decided by the Supreme Court in its last term and formulated a refined statement of the “taking equation.” The second part analyzes the technique of requiring developers to provide or pay for all or a portion of the cost of a public facility or amenity, as a condition of development approval, in light of the refined “taking equation.” It provides practical advice to the local government official on how to develop and impose development exactions in accord with the newly revised constitutional test.

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