ABSTRACT

Real estate value depends on public services being available to serve that real estate. This chapter discusses exactions, which are permit conditions which would certainly be regulatory takings were they not required in conjunction with a permit. This chapter presents the rules federal courts have developed to determine when exactions violate the Takings Clause of the Fifth Amendment to the U.S. Constitution. This chapter includes the following two cases: Nollan v. California Coastal Comm–n and Dolan v. City of Tigard.