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- Title
Closing the Dolan Deal—Bridging the Legislative/Adjudicative Divide.
- Authors
Haskins, Steven A.
- Abstract
The article discusses conflicts involving the Takings Clause jurisprudence in the U.S. and the use of the Supreme Court's Dolan test in assessing legislative exactions. The author believes that legislative and adjudicative distinction is less important to the Takings Clause, with its emphasis on just compensation. Current takings jurisprudence has caused a rift in the lower courts. Lower courts have expressed deference for legislative decisions, in the context of both physical exactions and impact fees. The implications of the Dolan Test on legislative takings are discussed. Since the Takings Clause does not draw distinction between branches of government, the courts should not provide a method for governments to avoid the constitutionally mandated result of their land use policies.
- Subjects
UNITED States; EMINENT domain; JURISPRUDENCE; APPELLATE courts; COURTS; JUDGMENT (Psychology); LAND use laws; IMPACT fees; UNITED States. Constitution
- Publication
Urban Lawyer, 2006, Vol 38, Issue 3, p487
- ISSN
0042-0905
- Publication type
Article