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- Title
Recent Developments in Land Use, Planning and Zoning Law Exactions Update: The State of Development Exactions After Lingle v. Chevron U.S.A., Inc.
- Authors
Curtin, Daniel J.; Curtin Jr., Daniel J.; Gowder Jr., W. Andrew; Wenter, Bryan W.
- Abstract
The article discusses legislative exactions in the wake of the U.S. Supreme Court takings case Lingle v. Chevron. The Lingle case decision overturned a 25-year-old takings precedent and, in doing so, clarified the landscape of takings law, the development of which had been criticized by legal scholars and land use lawyers. The history on substantially advances test and the problems acquired by the test under the Takings Clause is discussed. In Lingle, the Supreme Court was prompted to reconsider the appropriateness of the substantially advances inquiry in a regulatory takings case that did not involve land. Several state and federal opinions have explored various aspects of exactions under the Nollan and Dolan rules.
- Subjects
UNITED States; EMINENT domain; LAND use laws; ACTIONS &; defenses (Law); LINGLE v. Chevron USA Inc. (Supreme Court case); LAWYERS; APPELLATE courts; ADMINISTRATIVE procedure; REAL property
- Publication
Urban Lawyer, 2006, Vol 38, Issue 3, p641
- ISSN
0042-0905
- Publication type
Article