Perspective
Feb. 1, 2014
Proportionality, nexus don't matter if it's not a taking
Landowners routinely have to give up something to obtain a discretionary permit. And while there are limits, those limits only apply if it's in fact a taking. By Brad Kuhn and Rick Rayl
Landowners routinely have to give up something in return for a government agency's granting a discretionary permit. Developers are quite familiar with these requirements, as they are consistently compelled to dedicate property or provide money in exchange for a development approval. However there are limits, as the government agency cannot typically demand conditions that are not proportional or related to the impacts that would be...
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