In the abstract, the site-specific ability to issue conditional approvals offers local governments the flexible option of permitting a development proposal while simultaneously requiring the applicant to offset the project’s external impacts. However, the U.S. Supreme Court curtailed the exercise of this option in Nollan and Dolan by establishing a constitutional takings framework unique to exaction disputes. This exaction takings construct has challenged legal scholars on several fronts for the better part of the past two decades. For one, Nollan and Dolan place a far greater burden on the government in justifying exactions it attaches to a development approval than it has placed on the government in justifying the underlying regulations b...
The regulatory takings doctrine, the Supreme Court declared in Lingle v. Chevron, concerns the effec...
This symposium essay considers the doctrinal quandary created by \u27failed exactions\u27 - regulato...
Exactions occur when applications to develop parcels of land require governmental permission, and th...
In the abstract, the site-specific ability to issue conditional approvals offers local governments t...
In the abstract, the site-specific ability to issue conditional approvals offers local governments t...
Due to a variety of factors in the last half-century, local governments have increasingly relied upo...
Due to a variety of factors in the last half-century, local governments have increasingly relied upo...
Over the last thirty years local governments have increasingly relied on development exactions as a ...
In a refreshingly clear and comprehensive decision, the Supreme Court explained in Lingle v. Chevron...
Due to a variety of factors in the last half-century, local governments have increasingly relied upo...
The regulatory takings doctrine, the Supreme Court declared in Lingle v. Chevron, concerns the effec...
In a refreshingly clear and comprehensive decision, the Supreme Court explained in Lingle v. Chevron...
The United States Supreme Court held that in order to survive a takings challenge, a development exa...
How can the Constitution protect landowners from government exploitation without disabling the machi...
How can the Constitution protect landowners from government exploitation without disabling the machi...
The regulatory takings doctrine, the Supreme Court declared in Lingle v. Chevron, concerns the effec...
This symposium essay considers the doctrinal quandary created by \u27failed exactions\u27 - regulato...
Exactions occur when applications to develop parcels of land require governmental permission, and th...
In the abstract, the site-specific ability to issue conditional approvals offers local governments t...
In the abstract, the site-specific ability to issue conditional approvals offers local governments t...
Due to a variety of factors in the last half-century, local governments have increasingly relied upo...
Due to a variety of factors in the last half-century, local governments have increasingly relied upo...
Over the last thirty years local governments have increasingly relied on development exactions as a ...
In a refreshingly clear and comprehensive decision, the Supreme Court explained in Lingle v. Chevron...
Due to a variety of factors in the last half-century, local governments have increasingly relied upo...
The regulatory takings doctrine, the Supreme Court declared in Lingle v. Chevron, concerns the effec...
In a refreshingly clear and comprehensive decision, the Supreme Court explained in Lingle v. Chevron...
The United States Supreme Court held that in order to survive a takings challenge, a development exa...
How can the Constitution protect landowners from government exploitation without disabling the machi...
How can the Constitution protect landowners from government exploitation without disabling the machi...
The regulatory takings doctrine, the Supreme Court declared in Lingle v. Chevron, concerns the effec...
This symposium essay considers the doctrinal quandary created by \u27failed exactions\u27 - regulato...
Exactions occur when applications to develop parcels of land require governmental permission, and th...