Exactions

Question 1

Exaction

Answer 1

conditions by cities by which prop owners must agree to get permit to build/develop own land

Question 2

Exaction 2-prong test:

Answer 2

1) essential nexus

2) degree of connection

Question 3

Nollan:

Answer 3

condition valid only if essential nexus between condition and reason for the limitation
i) F: beachfront prop owners wanted permit to tear down bungalow to build bigger house; condition: public easement for access to public beach–>comp required (taking); lack of connection between visibility/ access

Question 4

Dolan:

Answer 4

exaction must be related in nature and extent to the impact of the proposed develop if there is an essential nexus, the degree of connection must be roughly proportional to impact of owner’s proposed develop
i) F: applied for permit to redevelop; condition: 1 )dedicate portion for storm drainage, 2) dedicate strip for bike/ped path–>passes Nolan test, but not ‘degree of connection’ test (bike path may have essential nexus to lowering traffic, but in reality, it wouldn’t be that much)