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51 Willamette L. Rev. 39 (2014-2015)
Nollan and Dolan and Koontz - Oh My: The Extractions Trilogy Requires Developers to Cover the Full Social Costs of Their Projects, But No More

handle is hein.journals/willr51 and id is 45 raw text is: NOLLANAND DOLANAND KOONTZ--OH MY! THE EXACTIONS TRILOGY REQUIRES DEVELOPERS TO COVER THE FULL SOCIAL COSTS OF THEIR PROJECTS, BUT NO MORE. CHRISTINA M. MARTIN* ABSTRACT In this article I argue that, contrary to appalled assertions of some observers, the U.S. Supreme Court's decision in Koontz v. St. Johns River Water Management District is a straightforward application ofNollan v. California Coastal Commission andDolan v. City of Tigard. Nollan and Dolan established that when the government requires a permit applicant to give up property In exchange for a permit, the demand must be closely related and roughly proportional to the development's social cost. Anything that exceeds those bounds violates the unconstitutional conditions doctrine by burdening the right to just compensation for a taking. Koontz, like Nollan and Dolan, recognizes that the government may legitimately require landowners to carry their own weight, mitigating their development plans so that they do not impose costs on their community. But the government cannot use the permitting process to coerce landowners into giving up more. That simple rule will not end land-use planning or permit negotiations. TABLE OF CONTENTS 1. INTRODUCTION ........................................................................... 40 II. LAND-USE EXACTIONS INTERNALIZE THE FULL COSTS OF D EVELOPM ENT .......................................................................... 42 A. The Legitimate Role of Land-Use Exactions is to * Christina Martin is an attorney and Fellow of Pacific Legal Foundation's College of Public Interest Law. Pacific Legal Foundation attorneys were attorneys of record before the Supreme Court in both Nollan v. California Coastal Commission and Koontz v. St. Johns River Water Management District. Brian T. Hodges, Paul J. Beard I, and especially R.S. Radford deserve thanks for helpful insight, comments, and edits.