On October 13, 2023, Ellia Thompson published, “A Tale of Two Types of Takings Might Soon Come to an End” in Daily Journal. The following is an excerpt:
In 1994, the U.S. Supreme Court issued one of the seminal decisions in land use law–Dolan v. City of Tigard–which established a new standard whereby the fees, or exaction, imposed by a municipality must be roughly proportional to the harm the development causes. At the time, the ruling in Dolan was lauded by property rights advocates as being the proper bookend to its sibling case of 1987, Nollan v. California Coastal Commission, which held that a government cannot impose conditions on development without compensation unless it has an “essential nexus” to a “valid government purpose”.