Thus, the Commission required that petitioner dedicate the portion of her property lying within the year floodplain for improvement of a storm drainage system along Fanno Creek and that she dedicate an additional foot strip of land adjacent to the floodplain as a pedestrian! The Court has decided to apply its heightened scrutiny to a single strand-the power to exclude-in the bundle of rights that enables a commercial enterprise to flourish in an urban environment. See 52 Cornell L. The disputed question is whether the city has violated the Fourteenth Amendment to the Federal Constitution by refusing to allow Dolan's planned construction to proceed unless those conditions are met. Deputy Solicitor General Kneedler argued the cause for the United States as amicus curiae urging affirmance. Brief for Respondent 41, quoting United States v. Holzhauer, Timothy S.
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Smith argued the cause and filed briefs for petitioner. Green Bay Co. Thus, the court held that a city may not require a property owner to dedicate private property for some future public use as a condition of obtaining a building permit when such future use is not "occasioned by the construction sought to be permitted.
Contending that the conditions on the permit were an unconstitutional taking of property under the Fifth Amendment, Dolan was denied at all levels of state courts. Later cases have interpreted the Fourteenth Amendment's substantive protection against uncompensated deprivations of private property by the States as though it incorporated the text of the Fifth Amendment's Takings Clause.
All but one of the cases involve challenges to provisions in municipal ordinances requiring developers to dedicate either a percentage of the entire parcel usually 7 or 10 percent of the platted subdivision or an equivalent value in cash usually a certain dollar amount per lot to help finance the construction of roads, utilities, schools, parks, and playgrounds. Accordingly, we do not pass on the constitutionality of the city's variance provisions.
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|The owner of a plumbing and electrical supply store in Tigard, Oregon received conditional approval from the city planning commission to expand her store and pave its parking lot.
Although 4 of the 12 opinions mention the Federal Constitution-2 of those only in passing-it is quite obvious that neither the courts nor the litigants imagined they might be participating in the development of a new rule of federal law. It applied the same kind of substantive due process analysis more frequently identified with a better known case that accorded similar substantive protection to a baker's liberty interest in working 60 hours a week and 10 hours a day.
And in this there is no inconsistency, for while the meaning of constitutional guaranties never varies, the scope of their application must expand or contract 13 The author of today's opinion joined Justice Stewart's dissent in Moore v.
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City of Tiburon, U. Like the Court, Johnston observed that cases requiring a "rational nexus" between exactions and public needs created by the new subdivision-especially Jordan v.
Nollan, supra, at
not necessarily correlate with the socio-economic status of the people living in taking if the flights and operation of the airport made the property unusable for City of Tigard, U.S. (), where the Court found that the imposition.
The City Planning Commission of respondent city conditioned approval of petitioner Dolan's application to expand her store and pave her parking lot upon her.
We resolved, however, that the Coastal Commission's regulatory authority was set completely adrift from its constitutional moorings when it claimed that a nexus existed between visual access to the ocean and a permit condition requiring lateral public access along the Nollans' beachfront lot.
Holzhauer, Timothy S. Ballentine of the Virgin Islands, and Joseph B.
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Petitioner assuredly is able to derive some economic use from her property. Mahon, U.
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|He wrote that the government must show both that there was a legitimate state interest that was directly connected to the permit conditions, and that the burdens on the property owner were proportionate to the benefit conferred by the permit.
East Cleveland, U.
New York, U. The Tigard City Council approved the Commission's final order, subject to one minor modification; the city council reassigned the responsibility for surveying and marking the floodplain area from petitioner to the city's engineering department.
In addition, the Court ignores the state courts' willingness to consider what the property owner gains from the exchange in question.