10
Views
0
CrossRef citations to date
0
Altmetric
Commentary

Development Exactions: Avoiding and Defeating Dolan Challenges

Pages 3-13 | Published online: 15 Jul 2011
 

Abstract

Municipal efforts to acquire urban infrastructure for development have never been more complicated. A decade of economic boom has included unprecedented urban growth, high demands for urban infrastructure, strained public coffers, and a necessary resort to regulatory tools to meet the demands. Exacerbating the situation is the 1994 United States Supreme Court case limiting the development exactions practices of local governments.1 In Dolan v. City of Tigard, 114 S. Ct. 2309 (1994), 46 ZD 232, the Court ruled that the Fifth Amendment's Taking Clause is violated unless a land exaction as a condition of development approval is “roughly proportional” to the nature and extent of the impacts of the proposed development. The Court said: “No precise mathematical calculation is required, but the city must make some sort of individualized determination that the required dedication is related both in nature and extent to the impact of the proposed development.” Id. at 2319.

Reprints and Corporate Permissions

Please note: Selecting permissions does not provide access to the full text of the article, please see our help page How do I view content?

To request a reprint or corporate permissions for this article, please click on the relevant link below:

Academic Permissions

Please note: Selecting permissions does not provide access to the full text of the article, please see our help page How do I view content?

Obtain permissions instantly via Rightslink by clicking on the button below:

If you are unable to obtain permissions via Rightslink, please complete and submit this Permissions form. For more information, please visit our Permissions help page.