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Theoretical Tension And Doctrinal Discord: Analyzing Development Impact Fees As Takings, Michael B. Kent Jr.
Theoretical Tension And Doctrinal Discord: Analyzing Development Impact Fees As Takings, Michael B. Kent Jr.
William & Mary Law Review
One of the lingering questions about the law of regulatory takings concerns the proper scope and application of the Supreme Court’s exactions jurisprudence, known as the Nollan/Dolan test. A recurring issue in the case law is the extent to which the Nollan/Dolan framework applies to takings challenges brought against development impact fees. Judicial decisions on the issue split over two primary questions. First, there is a debate about whether Nollan/Dolan is limited to physical exactions or whether the test might also apply to monetary exactions as well. Second, there is a difference of opinion over whether Nollan/Dolan applies only to …
Weighing The Need To Establish Regulatory Takings Doctrine To Justify Takings Standards Of Review And Principles, James E. Holloway, Donald C. Guy
Weighing The Need To Establish Regulatory Takings Doctrine To Justify Takings Standards Of Review And Principles, James E. Holloway, Donald C. Guy
William & Mary Environmental Law and Policy Review
This article revisits and examines whether the fairness and justice doctrine of Armstrong v. United States can justify and fashion standards of review to protect the right to just compensation of the Takings Clause. The Court has relied on Armstrong to show the purpose of the Takings Clause in many takings decisions. However, can Armstrong serve a greater purpose? In Dolan v. City of Tigard, the United States Supreme Court applied the unconstitutional conditions doctrine to justify the need for a standard of review to protect the right to just compensation. The Court transported questionable constitutional doctrine to validate Justice …