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Constitutional law; takings clause; exactions; fifth amendment; nondelegation doctrine; major questions doctrine; land use
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Nondelegation And The Legislative Versus Administrative Exactions Divide: Why Legislatively Imposed Exactions Do Not Require A More Searching Standard Of Review, Hunter Dominick
Fordham Law Review
As the United States continues to grow and urbanize, local governments have tried to manage this growth to mitigate the external impacts that new developments can cause. One method by which state and local governments seek to control growth within their borders is by imposing conditions on the issuance of building permits—otherwise known as exactions. Exactions, however, face federal constitutional limits under the Takings Clause of the Fifth Amendment, which applies to state and local governments through the Fourteenth Amendment.
In Nollan v. California Coastal Commission and Dolan v. City of Tigard, the U.S. Supreme Court restricted exactions in …