Extraction Flashcards
What is a condition imposed by government when giving a land-use permit?
A condition that may relate to land use such as dedicating land to a public park or installing sidewalks
If the condition is too burdensome or unrelated to the development, it might be considered a taking.
What is one example of a condition that may not address the concern in land-use permits?
Imposing a condition that a public easement via walking path does not address the issue of blocking public view of the ocean
This indicates a lack of nexus.
What does the Nolan ‘Essential Nexus’ requirement involve?
It requires a logical connection between government interest and the exaction
If the government could legally deny a building permit for a specific reason, then imposing a condition to address the issue instead is acceptable.
Give an example of a valid nexus in land-use permits.
A city requires the installation of traffic lights near the entrance of a large apartment complex due to traffic concerns
This shows a logical connection between the development and the imposed condition.
What does the Dolan ‘Rough Proportionality’ requirement assess?
It assesses whether the burden imposed by exaction is roughly proportional to the impact of the proposed development
This means that even if the exaction makes sense in theory, it should not be excessive in practice.
What was the issue in the Dolan case regarding the bike strip?
The 15ft bike strip in exchange for store expansion lacked data showing how the path would help traffic reduction
This indicated a failure of rough proportionality.
True or False: A condition that does not address a concern can still be valid if it imposes a burden.
False
A valid condition must address the concern effectively to avoid being considered a taking.
Fill in the blank: The government must establish a logical connection known as _______ to justify conditions on land-use permits.
[Essential Nexus]
Fill in the blank: The requirement that the burden imposed by an exaction must be roughly proportional to the impact of development is known as _______.
[Rough Proportionality]
