When Do the Nollan and Dolan Rules Apply to the Regulation of Development and Land Use?

Abstract

An exaction is a condition of development that a local government places on a landowner to dedicate a real interest in the development property for public use. A plaintiff seeking to challenge a government action as an uncompensated taking of private property may proceed under the theory that a land use exaction violates the standards set forth in Nollan and Dolan. In this commentary, I will review those decisions as well as the evolving and sometimes conflicting decisions lower courts have issued in their wake and discuss the new case that has Nollanand Dolan issues back in front of the U.S. Supreme Court.