Week 14 - RT

Question 1

Court Draws Distinction Between:

“______ _______ _____” that takes all value of the property for a temporary period; and,

A _______ ______ on the use of property, which amounts to a restriction upon a temporal segment of the property, leaving the balance in place.

Answer 1

Temporary Regulatory Taking

Temporary Deferment

Question 2

When is the right time to invest in retirement property? – good idea to buy things while you are making money to pay for the things. Might buy lot on lake Tahoe now while employed.
May be saving the lot because it increases in value over time. Not going to build on it yet because if you are not living on the property because the mortgage will be higher if you are paying for the dwelling, insurance will be higher, don’t want to deal with renter being in dream house.

If the timing of Tahoe Sierra coincide with someone wanting to buy a lot much later would the lots subject to M still have some value. Sure. You might be even more interested in buying them during the period of M because they might cost less. The property had value during the course of the 2 moratorium. Some money that could be obtained from selling the lot because not everybody needed to move in that moment.

Did the lots have value during the period of the M? there are 2 essential challenges with Lucas argument – never completely valueless even during the Moratorium they had some value somebody would have bought it at a reduced cost. Why? The second reason why it isn’t a Lucas taking, M were temporary, and everybody knew that from the moments that they started. Knowing that something is temporary is different than knowing something is permanent. Impact that it has on how you plan to use the property and how you use it is different. !!

Answer 2

!!

Question 3

Exactions are illegal.
A. True
B. False

Answer 3

B. False

Question 4

Exactions are not illegal. In essay questions people get confused and they want to tell me that all exactions are illegal and that is not the case. All exactions are not illegal. !!

Answer 4

!!

Question 5

A government measure imposed in the administration of a law or ordinance requiring a property owner to provide a dedication of land, to dedicate goods and/ or services, or pay fees, as a condition to getting project approval.

Note: Not applicable to a law or ordinance requirement – only an action in the administration of a law or ordinance.

What does this refer to?

Answer 5

Exaction

Question 6

Exaction: A government measure imposed in the administration of a law or ordinance requiring a property owner to provide a dedication of ______, to dedicate _____ and/ or _______, or ____ _____, as a condition to getting project approval.

Answer 6

land
good and/or services

pay fees

Question 7

Exaction: A _______ ________ imposed in the administration of a law or ordinance requiring a property owner to provide a dedication of land, to dedicate goods and/ or services, or pay fees, as a _______ to getting ______ ______.

Answer 7

government measure

condition

project approval

Question 8

San Remo Case- hotel conversion ordinance that said if you want to convert your units from residential to tourist you pay a fee. That was NOT an _______ because it was coming straight from the ordinance.

Answer 8

exaction

Question 9

________: The developer would like to build an apartment complex with a lot of units in it. The local government says our current fire and safety resources cannot accommodate this many new people moving to the new area and that many buildings if you would like approval for your project you need to fund a new fire truck for this jurisdiction and if you do it would be safe and we will approve your plans. That is an _______.

Answer 9

Exaction

exaction

Question 10

Example: Developer wants to build subdivision in a part of the county that is more rural. Seen it in Michigan and Virginiana. Roads that are state roads that are dirt and not paved. We see the dirt roads in less populated areas. Developer wants to develop subdivision the government may say if you pave all the way into and through subdivision, we will approve your project. The dirt road will not sustain this extra traffic this is an _________ too.

Answer 10

Exaction

Question 11

Fire truck and road paving are _____ ______and okay to do them.

Answer 11

legal exactions

Question 12

Last 2 cases – what could cause an exaction to be illegal or to cause an exaction to be a taking. If the exaction goes too far, the exaction could be a taking because it is a government action.
What cases?

Answer 12

Nollan and Dolan Cases

Question 13

Tested on exactions on essay question on taking. !!

Answer 13

!!

Question 14

Substantial or essential nexus between the exaction and the project being proposed and there must be some rough proportionality between the thing exacted and the development permitted in exchange.

Answer 14

Rule from Nollan and Dolan

Question 15

________ or _______ nexus between the exaction and the project being proposed and there must be some rough proportionality between the thing exacted and the development permitted in exchange.

Answer 15

substantial or essential

Question 16

Substantial or essential _____ between the ______ and the project being proposed and there must be some rough proportionality between the thing exacted and the development permitted in exchange.

Answer 16

nexus

exaction

Question 17

Substantial or essential nexus between the exaction and the _____ being _______ and there must be some rough proportionality between the thing exacted and the development permitted in exchange.

Answer 17

project proposed

Question 18

Substantial or essential nexus between the exaction and the project being proposed and there must be some _____ _______ between the thing exacted and the development permitted in exchange.

Answer 18

rough proportionality

Question 19

Substantial or essential nexus between the exaction and the project being proposed and there must be some rough proportionality between the thing _______ and the ________ permitted in ________.

Answer 19

exacted

development

exchange

Question 20

Nollan and Dolan should be applied together.
A. True
B. False

Answer 20

A. True

Question 21

Establishment of the ______ Doctrine – Two Cases:
* Started with Nollan v. California Coastal Commission U.S. Supreme Ct (1987) [Justice Scalia]
* Developed further in Dolan v. City of Tigrad U.S. supreme Court (1994) [Chief Justice Rehnquist].

Answer 21

Exaction

Question 22

Nollan Case: Plaintiff in Nollan acquires property on pacific ocean and wants permission to build a house. Approach county government for permit to build. We will give you a permit if you dedicate a permanent easement to the public to reach the beach through your land. This is not what Nollan wants. Nollan wants the private beach front experience. The court says this is a taking that goes too far. When the local government is demanding something extra for project approval there has to be a special nexus between the demand for this property and the objective sought.
Is there a special nexus for can I build my house on the beach and let’s put public beach access here?

Answer 22

There is not.

Question 23

An appropriate _______ here example: Safety standpoint: winding highway and the beach. What about a turn lane? Would it be safe to pull out of driveway into the highway? It might not be safe. Maybe you pay for the dedication of a turn lane, so you don’t die when you merge in or out. That seems like a special nexus between what you are trying to accomplish and the county’s goal of safety. Be sure that you are safe entering and exiting the property. The burden of having your property turn in to a public beach there is no way.

Answer 23

exaction

Question 24

_______: In order for the exaction to be permissible there has to be a Special nexus between what the government is asking you to do and what you are trying to accomplish.

Answer 24

Nollan

Question 25

You are trying to accomplish building your private home on the beach, the government in its response’s cannot be let’s give public beach access. What case?

Answer 25

Nollan

Question 26

_____ _____: a special nexus but what they were asking Dolan to do was overburdening, too much to ask one person to do.

Answer 26

Dolan Case

Question 27

Dolan owns a store and wants to expand the store and the government requires that the store owner dedicate part of her land for flood control and traffic improvements for the whole city. Everybody will benefit from traffic improvements and flood control why should only one person in the city have to pay for all that land to accomplish the goals? It could impact flooding and traffic, but she should pay her fair share whatever that is. Probably not the whole project for everybody’s benefit. Even when you do have a special nexus there has to be a ____ ________ between the thing exacted and the development permitted in exchange.

Answer 27

rough proportionality

Question 28

Even when you do have a special nexus there has to be a rough proportionality between the thing exacted and the development permitted in exchange.

What Case?

Answer 28

Dolan

Question 29

Even though there was a Nexus between what she wanted to do and what the city was asking for it wasn’t fair to make her to pay for the whole thing.
What case?

Answer 29

Dolan

Question 30

When we apply ______ and ______ together: in order for an exaction to not be a taking we have to have an essential nexus between what the property owner is trying to get approval for and what the government is asking in return the nature and extent of the exaction required by the government has to be roughly proportional to the impact caused by that development.

Answer 30

Nollan and Dolan

Question 31

As you build attack outline for RT: exaction definition and Nollan and dolan rules essential nexus and rough proportionality and be able to explain what those buzz words mean. !!

Answer 31

!!

Question 32

EXAM: Property owner seeking approval to do something, and the government would say you could only do this if you do this other thing.

Answer 32

Exaction