dolan
city
tigard
argued
march
decided
june
city
planning
commission
conditioned
approval
petitioner
dolan
application
expand
store
pave
parking
lot
upon
compliance
dedication
land
public
greenway
along
fanno
creek
minimize
flooding
exacerbated
increases
impervious
surfaces
associated
development
pathway
intended
relieve
traffic
congestion
city
central
business
district
appealed
commission
denial
request
variances
standards
land
use
board
appeals
luba
alleging
land
dedication
requirements
related
proposed
development
therefore
constituted
uncompensated
taking
property
fifth
amendment
luba
found
reasonable
relationship
development
requirement
dedicate
land
greenway
since
larger
building
paved
lot
increase
impervious
surfaces
thus
runoff
creek
alleviating
impact
increased
traffic
development
facilitating
provision
pathway
alternative
means
transportation
state
appeals
state
affirmed
held
city
dedication
requirements
constitute
uncompensated
taking
property
pp
well
settled
doctrine
unconstitutional
conditions
government
may
require
person
give
constitutional
right
exchange
discretionary
benefit
conferred
government
property
sought
little
relationship
benefit
evaluating
dolan
claim
must
determined
whether
essential
nexus
exists
legitimate
state
interest
permit
condition
nollan
page
ii
california
coastal
one
must
decided
whether
degree
exactions
demanded
permit
conditions
bears
required
relationship
projected
impact
proposed
development
pp
preventing
flooding
along
fanno
creek
reducing
traffic
congestion
district
legitimate
public
purposes
nexus
exists
first
purpose
limiting
development
within
creek
floodplain
second
purpose
providing
alternative
means
transportation
pp
deciding
second
question
whether
city
findings
constitutionally
sufficient
justify
conditions
imposed
dolan
permit
necessary
connection
required
fifth
amendment
rough
proportionality
precise
mathematical
calculation
required
city
must
make
sort
individualized
determination
required
dedication
related
nature
extent
proposed
development
impact
essentially
reasonable
relationship
test
adopted
majority
state
courts
pp
findings
upon
city
relies
show
required
reasonable
relationship
floodplain
easement
dolan
proposed
building
community
development
code
already
required
dolan
leave
property
open
space
undeveloped
floodplain
nearly
satisfied
requirement
however
city
never
said
public
opposed
private
greenway
required
interest
flood
control
difference
dolan
loss
ability
exclude
others
property
yet
city
attempted
make
individualized
determination
support
part
request
city
also
met
burden
demonstrating
additional
number
vehicle
bicycle
trips
generated
dolan
development
reasonably
relates
city
requirement
dedication
pathway
easement
city
must
quantify
finding
beyond
conclusory
statement
dedication
offset
traffic
demand
generated
development
pp
rehnquist
delivered
opinion
scalia
kennedy
thomas
joined
stevens
filed
dissenting
opinion
blackmun
ginsburg
joined
souter
filed
dissenting
opinion
dolan
city
tigard
chief
justice
rehnquist
delivered
opinion
petitioner
challenges
decision
oregon
held
city
tigard
condition
approval
building
permit
dedication
portion
property
flood
control
traffic
improvements
granted
certiorari
resolve
question
left
open
decision
nollan
california
coastal
required
degree
connection
exactions
imposed
city
projected
impacts
proposed
development
state
oregon
enacted
comprehensive
land
use
management
program
program
required
oregon
cities
counties
adopt
new
comprehensive
land
use
plans
consistent
statewide
planning
goals
plans
implemented
land
use
regulations
part
integrated
hierarchy
legally
binding
goals
plans
regulations
pursuant
state
requirements
city
tigard
community
dolan
city
tigard
residents
southwest
edge
portland
developed
comprehensive
plan
codified
community
development
code
cdc
cdc
requires
property
owners
area
zoned
central
business
district
comply
open
space
landscaping
requirement
limits
total
site
coverage
including
structures
paved
parking
parcel
cdc
ch
app
pet
cert
completion
transportation
study
identified
congestion
central
business
district
particular
problem
city
adopted
plan
pathway
intended
encourage
alternatives
automobile
transportation
short
trips
cdc
requires
new
development
facilitate
plan
dedicating
land
pedestrian
pathways
provided
pathway
plan
city
also
adopted
master
drainage
plan
drainage
plan
drainage
plan
noted
flooding
occurred
several
areas
along
fanno
creek
including
areas
near
petitioner
property
record
doc
ch
pp
figure
drainage
plan
also
established
increase
impervious
surfaces
associated
continued
urbanization
exacerbate
flooding
problems
combat
risks
drainage
plan
suggested
series
improvements
fanno
creek
basin
including
channel
excavation
area
next
petitioner
property
dolan
city
tigard
app
pet
cert
recommendations
included
ensuring
floodplain
remains
free
structures
preserved
greenways
minimize
flood
damage
structures
record
doc
ch
pp
drainage
plan
concluded
cost
improvements
shared
based
direct
indirect
benefits
property
owners
along
waterways
paying
due
direct
benefit
receive
id
ch
cdc
chapters
cdc
tigard
park
plan
carry
recommendations
petitioner
florence
dolan
owns
plumbing
electric
supply
store
located
main
street
central
business
district
city
store
covers
approximately
square
feet
eastern
side
parcel
includes
gravel
parking
lot
fanno
creek
flows
southwestern
corner
lot
along
western
boundary
flow
creek
renders
area
within
creek
floodplain
virtually
unusable
commercial
development
city
comprehensive
plan
includes
fanno
creek
floodplain
part
city
greenway
system
petitioner
applied
city
permit
redevelop
site
proposed
plans
called
nearly
doubling
size
store
square
feet
paving
parking
lot
existing
store
located
opposite
side
parcel
razed
sections
construction
progressed
new
building
second
phase
project
petitioner
proposed
build
additional
structure
northeast
side
site
complementary
businesses
provide
parking
proposed
expansion
intensified
use
consistent
city
zoning
scheme
central
business
district
cdc
app
brief
petitioner
dolan
city
tigard
city
planning
commission
granted
petitioner
permit
application
subject
conditions
imposed
city
cdc
cdc
establishes
following
standard
site
development
review
approval
landfill
development
allowed
within
adjacent
floodplain
city
shall
require
dedication
sufficient
open
land
area
greenway
adjoining
within
floodplain
area
shall
include
portions
suitable
elevation
construction
pathway
within
floodplain
accordance
adopted
plan
cdc
app
brief
respondent
dolan
city
tigard
petitioner
requested
variances
cdc
standards
variances
granted
shown
owing
special
circumstances
related
specific
piece
land
literal
interpretation
applicable
zoning
provisions
cause
undue
unnecessary
hardship
unless
variance
granted
cdc
app
brief
respondent
rather
posing
alternative
mitigating
measures
offset
expected
impacts
proposed
development
allowed
cdc
petitioner
simply
argued
proposed
development
conflict
policies
comprehensive
plan
commission
denied
request
commission
made
series
findings
concerning
relationship
dedicated
conditions
projected
impacts
petitioner
project
first
dolan
city
tigard
commission
noted
reasonable
assume
customers
employees
future
uses
site
utilize
pathway
adjacent
development
transportation
recreational
needs
city
tigard
planning
commission
final
order
pc
app
pet
cert
commission
noted
site
plan
provided
bicycle
parking
rack
front
proposed
building
reasonable
expect
users
bicycle
parking
provided
site
plan
use
pathway
adjacent
fanno
creek
constructed
ibid
addition
commission
found
creation
convenient
safe
bicycle
pathway
system
alternative
means
transportation
offset
traffic
demand
nearby
streets
lessen
increase
traffic
congestion
ibid
commission
went
note
required
floodplain
dedication
reasonably
related
petitioner
request
intensify
use
site
given
increase
impervious
surface
commission
stated
anticipated
increased
storm
water
flow
subject
property
already
strained
creek
drainage
basin
add
public
need
manage
stream
channel
floodplain
drainage
purposes
based
anticipated
increased
storm
water
flow
commission
concluded
requirement
dedication
floodplain
area
site
related
applicant
plan
intensify
development
site
ibid
tigard
city
council
approved
commission
final
order
subject
one
minor
modification
city
council
reassigned
responsibility
surveying
marking
floodplain
area
petitioner
city
engineering
department
petitioner
appealed
land
use
board
appeals
luba
ground
city
dedication
requirements
dolan
city
tigard
related
proposed
development
therefore
requirements
constituted
uncompensated
taking
property
fifth
amendment
evaluating
federal
taking
claim
luba
assumed
city
findings
impacts
proposed
development
supported
substantial
evidence
dolan
tigard
luba
reprinted
app
pet
cert
given
undisputed
fact
proposed
larger
building
paved
parking
area
increase
amount
impervious
surfaces
runoff
fanno
creek
luba
concluded
reasonable
relationship
proposed
development
requirement
dedicate
land
along
fanno
creek
greenway
respect
pathway
luba
noted
commission
finding
significantly
larger
retail
sales
building
parking
lot
attract
larger
numbers
customers
employees
vehicles
found
reasonable
relationship
alleviating
impacts
increased
traffic
development
facilitating
provision
pathway
alternative
means
transportation
ibid
oregon
appeals
affirmed
rejecting
petitioner
contention
nollan
california
coastal
abandoned
reasonable
relationship
test
favor
stricter
essential
nexus
test
app
oregon
affirmed
also
disagreed
petitioner
contention
nollan
abandoned
reasonably
related
test
instead
read
nollan
mean
exaction
reasonably
related
impact
exaction
serves
purpose
denial
permit
serve
decided
dolan
city
tigard
pathway
condition
storm
drainage
dedication
essential
nexus
development
proposed
site
therefore
found
conditions
reasonably
related
impact
expansion
petitioner
business
ibid
granted
certiorari
alleged
conflict
oregon
decision
decision
nollan
supra
ii
takings
clause
fifth
amendment
constitution
made
applicable
fourteenth
amendment
chicago
chicago
provides
shall
private
property
taken
public
use
without
compensation
one
dolan
city
tigard
principal
purposes
takings
clause
bar
government
forcing
people
alone
bear
public
burdens
fairness
justice
borne
public
whole
armstrong
without
question
city
simply
required
petitioner
dedicate
strip
land
along
fanno
creek
public
use
rather
conditioning
grant
permit
redevelop
property
dedication
taking
occurred
nollan
supra
public
access
deprive
petitioner
right
exclude
others
one
essential
sticks
bundle
rights
commonly
characterized
property
kaiser
aetna
side
ledger
authority
state
local
governments
engage
land
use
planning
sustained
constitutional
challenge
long
ago
decision
euclid
ambler
realty
government
hardly
go
extent
values
incident
property
diminished
without
paying
every
change
general
law
pennsylvania
coal
mahon
land
use
regulation
effect
taking
substantially
advance
legitimate
state
interests
den
owner
economically
viable
use
land
agins
tiburon
sort
land
use
regulations
discussed
cases
cited
however
differ
two
relevant
particulars
dolan
city
tigard
present
case
first
involved
essentially
legislative
determinations
classifying
entire
areas
city
whereas
city
made
adjudicative
decision
condition
petitioner
application
building
permit
individual
parcel
second
conditions
imposed
simply
limitation
use
petitioner
might
make
parcel
requirement
deed
portions
property
city
nollan
supra
held
governmental
authority
exact
condition
circumscribed
fifth
fourteenth
amendments
well
settled
doctrine
unconstitutional
conditions
government
may
require
person
give
constitutional
right
right
receive
compensation
property
taken
public
use
exchange
discretionary
benefit
conferred
government
property
sought
little
relationship
benefit
see
perry
sindermann
pickering
board
ed
township
high
school
petitioner
contends
city
forced
choose
building
permit
right
fifth
amendment
compensation
public
easements
petitioner
quarrel
city
authority
exact
forms
dedication
condition
grant
building
permit
challenges
showing
made
city
justify
exactions
argues
city
identified
special
benefits
conferred
identified
special
quantifiable
burdens
created
new
store
justify
particular
dedications
required
required
public
large
iii
evaluating
petitioner
claim
must
first
determine
whether
essential
nexus
exists
dolan
city
tigard
legitimate
state
interest
permit
condition
exacted
city
nollan
find
nexus
exists
must
decide
required
degree
connection
exactions
projected
impact
proposed
development
required
reach
question
nollan
concluded
connection
meet
even
loosest
standard
however
must
decide
question
addressed
essential
nexus
question
nollan
california
coastal
commission
demanded
lateral
public
easement
across
nollan
beachfront
lot
exchange
permit
demolish
existing
bungalow
replace
house
public
easement
designed
connect
two
public
beaches
separated
nollan
property
coastal
commission
asserted
public
easement
condition
imposed
promote
legitimate
state
interest
diminishing
blockage
view
ocean
caused
construction
larger
house
agreed
coastal
commission
concern
protecting
visual
access
ocean
constituted
legitimate
public
interest
also
agreed
permit
condition
constitutional
even
consisted
requirement
nollans
provide
viewing
spot
property
passersby
whose
sighting
ocean
new
house
interfere
resolved
however
coastal
commission
regulatory
authority
set
completely
adrift
constitutional
moorings
claimed
nexus
existed
visual
access
ocean
permit
condition
requiring
lateral
public
access
along
nollan
beachfront
lot
enhancing
public
ability
traverse
dolan
city
tigard
along
shorefront
served
governmental
purpose
visual
access
ocean
roadway
beyond
ability
countenance
absence
nexus
left
coastal
commission
position
simply
trying
obtain
easement
gimmickry
converted
valid
regulation
land
use
plan
extortion
ibid
quoting
associates
atkinson
gimmicks
associated
permit
conditions
imposed
city
case
undoubtedly
prevention
flooding
along
fanno
creek
reduction
traffic
congestion
central
business
district
qualify
type
legitimate
public
purposes
upheld
agins
supra
seems
equally
obvious
nexus
exists
preventing
flooding
along
fanno
creek
limiting
development
within
creek
floodplain
petitioner
proposes
double
size
retail
store
pave
parking
lot
thereby
expanding
impervious
surface
property
increasing
amount
stormwater
fanno
creek
may
said
city
attempt
reduce
traffic
congestion
providing
alternative
means
transportation
theory
pathway
provides
useful
alternative
means
transportation
workers
shoppers
pedestrians
bicyclists
occupying
dedicated
spaces
walking
bicycling
remove
potential
vehicles
streets
resulting
overall
improvement
total
transportation
system
flow
nelson
public
provision
pedestrian
bicycle
access
ways
public
policy
rationale
nature
private
benefits
center
planning
development
georgia
institute
technology
working
paper
series
see
also
intermodal
surface
transportation
efficiency
act
pub
stat
recognizing
pedestrian
bicycle
dolan
city
tigard
facilities
necessary
components
strategy
reduce
traffic
congestion
second
part
analysis
requires
us
determine
whether
degree
exactions
demanded
city
permit
conditions
bear
required
relationship
projected
impact
petitioner
proposed
development
nollan
supra
quoting
penn
central
use
restriction
may
constitute
taking
reasonably
necessary
effectuation
substantial
government
purpose
oregon
deferred
termed
city
unchallenged
factual
findings
supporting
dedication
conditions
found
reasonably
related
impact
expansion
petitioner
business
city
required
petitioner
dedicate
city
greenway
portions
site
fall
within
existing
floodplain
fanno
creek
property
feet
floodplain
boundary
addition
city
demanded
retail
store
designed
intrude
greenway
area
city
relies
commission
rather
tentative
findings
increased
stormwater
flow
petitioner
property
add
public
need
manage
floodplain
drainage
purposes
support
conclusion
requirement
dedication
floodplain
area
site
related
applicant
plan
intensify
development
site
city
tigard
planning
commission
final
order
pc
app
pet
cert
city
made
following
specific
findings
relevant
pathway
addition
proposed
expanded
use
site
anticipated
generate
additional
vehicular
traffic
dolan
city
tigard
thereby
increasing
congestion
nearby
collector
arterial
streets
creation
convenient
safe
pathway
system
alternative
means
transportation
offset
traffic
demand
nearby
streets
lessen
increase
traffic
congestion
generalized
statements
necessary
connection
required
dedication
proposed
development
seem
suffice
see
billings
properties
yellowstone
county
mont
jenad
scarsdale
think
standard
lax
adequately
protect
petitioner
right
compensation
property
taken
public
purpose
state
courts
require
exacting
correspondence
described
specifi
uniquely
attributable
test
illinois
first
developed
test
pioneer
trust
savings
bank
mount
prospect
standard
local
government
demonstrate
exaction
directly
proportional
dolan
city
tigard
specifically
created
need
exaction
becomes
veiled
exercise
power
eminent
domain
confiscation
private
property
behind
defense
police
regulations
think
federal
constitution
requires
exacting
scrutiny
given
nature
interests
involved
number
state
courts
taken
intermediate
position
requiring
municipality
show
reasonable
relationship
required
dedication
impact
proposed
development
typical
nebraska
opinion
simpson
north
platte
neb
stated
distinction
therefore
must
made
appropriate
exercise
police
power
improper
exercise
eminent
domain
whether
requirement
reasonable
relationship
nexus
use
property
made
merely
used
excuse
taking
property
simply
particular
moment
landowner
asking
city
license
permit
form
reasonable
relationship
test
adopted
many
jurisdictions
see
jordan
menomonee
falls
collis
bloomington
requiring
showing
reasonable
relationship
planned
subdivision
municipality
need
land
college
station
turtle
rock
dolan
city
tigard
tex
call
west
jordan
utah
affirming
use
reasonable
relation
test
despite
semantical
differences
general
agreement
exists
among
courts
dedication
reasonable
relationship
needs
created
development
ibid
see
generally
morosoff
take
beach
please
nollan
california
coastal
commission
constitutional
analysis
development
exactions
see
also
parks
watson
think
reasonable
relationship
test
adopted
majority
state
courts
closer
federal
constitutional
norm
either
previously
discussed
adopt
partly
term
reasonable
relationship
seems
confusingly
similar
term
rational
basis
describes
minimal
level
scrutiny
equal
protection
clause
fourteenth
amendment
think
term
rough
proportionality
best
encapsulates
hold
requirement
fifth
amendment
precise
mathematical
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store
seems
likely
potential
customers
trampling
along
petitioner
floodplain
ante
valuable
useless
parcel
vacant
land
moreover
duty
pay
taxes
responsibility
potential
tort
liability
may
well
make
ownership
fee
interest
useless
land
liability
rather
asset
may
explain
dolan
never
conceded
prevented
building
floodplain
city
attorney
also
pointed
absent
dedication
property
owners
required
build
land
money
storage
facility
water
runoff
tr
oral
arg
dolan
apparently
option
chose
seek
dolan
might
entitled
variance
confining
dolan
city
tigard
city
condition
manner
accept
failure
seek
narrower
form
relief
stage
state
administrative
judicial
proceedings
clearly
preclude
relief
rejection
bike
path
condition
amounts
nothing
play
words
everyone
agrees
bike
path
offset
increased
traffic
flow
larger
store
generate
findings
unequivocally
state
tell
us
many
cyclists
replace
motorists
predictions
matters
inherently
nothing
estimates
certainly
assumption
offsetting
benefit
entirely
reasonable
suffice
whether
amounts
percent
percent
percent
increase
automobile
traffic
otherwise
occur
proposes
federal
judiciary
state
decisions
kind
indeed
extending
welcome
mat
significant
new
class
litigants
although
reason
believe
state
courts
failed
rise
task
property
owners
surely
found
new
friend
today
iv
made
serious
error
abandoning
traditional
presumption
constitutionality
imposing
novel
burden
proof
city
implementing
admittedly
valid
comprehensive
land
use
plan
even
consequential
incorrect
disposition
case
however
resurrection
species
substantive
due
process
analysis
firmly
rejected
decades
ago
begins
constitutional
analysis
citing
chicago
chicago
dolan
city
tigard
proposition
takings
clause
fifth
amendment
applicable
fourteenth
amendment
ante
opinion
however
contains
mention
either
takings
clause
fifth
amendment
held
protection
afforded
due
process
clause
fourteenth
amendment
extends
matters
substance
well
procedure
substance
due
process
law
enjoined
fourteenth
amendment
requires
compensation
made
adequately
secured
owner
private
property
taken
public
use
authority
state
chicago
applied
kind
substantive
due
process
analysis
frequently
identified
better
known
case
accorded
similar
substantive
protection
baker
liberty
interest
working
hours
week
hours
day
see
lochner
new
york
dolan
city
tigard
later
cases
interpreted
fourteenth
amendment
substantive
protection
uncompensated
deprivations
private
property
though
incorporated
text
fifth
amendment
takings
clause
see
keystone
bituminous
coal
assn
debenedictis
nothing
problematic
interpretation
cases
enforcing
fourteenth
amendment
state
action
involved
actual
physical
invasion
private
property
see
loretto
teleprompter
manhattan
catv
kaiser
aetna
justice
holmes
charted
significant
new
course
however
opined
state
law
making
commercially
impracticable
mine
certain
coal
nearly
effect
constitutional
purposes
appropriating
destroying
pennsylvania
coal
mahon
regulatory
takings
doctrine
holmes
dictum
kindled
obvious
kinship
line
substantive
due
process
cases
lochner
exemplified
besides
similar
ancestry
doctrines
potentially
sources
judicial
power
invalidate
state
economic
regulations
members
view
unwise
unfair
case
inaugurates
even
recent
judicial
innovation
regulatory
takings
doctrine
application
unconstitutional
conditions
label
mutually
beneficial
transaction
property
owner
city
tells
us
city
refusal
grant
dolan
discretionary
benefit
infringes
right
receive
compensation
property
interests
refused
dedicate
city
dolan
city
tigard
property
sought
little
relationship
benefit
although
well
settled
government
deny
benefit
basis
infringes
constitutionally
protected
interests
especially
one
interest
freedom
speech
perry
sindermann
unconstitutional
conditions
doctrine
provides
inadequate
framework
analyze
case
dolan
city
tigard
dolan
right
compensated
taking
unless
city
acquires
property
interests
refused
surrender
since
taking
yet
occurred
infringement
constitutional
right
compensation
see
preseault
icc
finding
takings
claim
premature
property
owner
yet
sought
compensation
tucker
act
hodel
virginia
surface
mining
reclamation
taking
one
identified
property
allegedly
taken
even
dolan
accept
city
conditions
exchange
benefit
seeks
necessarily
follow
denied
compensation
since
appropriate
consider
receipt
benefit
calculation
compensation
see
pennsylvania
coal
mahon
noting
average
reciprocity
advantage
deemed
justify
many
laws
hodel
irving
reciprocity
advantage
weighed
favor
statute
constitutionality
particularly
absence
evidence
point
presume
discretionary
benefit
city
offered
less
valuable
property
interests
dolan
retain
surrender
option
even
discretionary
benefit
trifling
considered
compensation
little
relationship
property
fails
explain
value
suffice
required
nexus
present
respect
reliance
unconstitutional
conditions
doctrine
assuredly
novel
arguably
incoherent
city
conditions
means
dolan
city
tigard
immune
constitutional
scrutiny
level
scrutiny
however
approximate
kind
review
apply
city
insisted
surrender
dolan
first
amendment
rights
exchange
building
permit
one
hope
reliance
today
first
amendment
cases
see
ante
citing
perry
sindermann
supra
pickering
board
ed
township
high
school
candid
disavowal
term
rational
basis
describe
new
standard
review
see
ante
signify
reassertion
kind
superlegislative
power
exercised
lochner
era
decided
apply
heightened
scrutiny
single
strand
power
exclude
bundle
rights
enables
commercial
enterprise
flourish
urban
environment
intangible
interest
undoubtedly
worthy
constitutional
protection
much
like
grandmother
interest
deciding
relatives
may
share
home
moore
east
cleveland
interests
protected
arbitrary
state
action
due
process
clause
fourteenth
amendment
however
curious
irony
members
majority
case
impose
almost
insurmountable
burden
proof
property
owner
moore
case
saddling
city
heightened
burden
case
dolan
city
tigard
application
essentially
doctrine
substantive
due
process
confuses
past
present
november
village
euclid
ohio
adopted
zoning
ordinance
effectively
confiscated
percent
value
property
owned
ambler
realty
company
despite
recognition
ordinance
rejected
arbitrary
oppressive
earlier
date
dissent
justices
van
devanter
mcreynolds
butler
upheld
ordinance
today
majority
heed
words
justice
sutherland
regulations
sustained
complex
conditions
day
reasons
analogous
justify
traffic
regulations
advent
automobiles
rapid
transit
street
railways
condemned
fatally
arbitrary
unreasonable
inconsistency
meaning
constitutional
guaranties
never
varies
scope
application
must
expand
contract
meet
new
different
conditions
constantly
coming
within
field
operation
changing
world
impossible
otherwise
euclid
ambler
dolan
city
tigard
respectfully
dissent
cf
moore
east
cleveland
stevens
concurring
judgment
nollan
recognized
state
agency
may
condition
grant
land
use
permit
dedication
property
interest
dedication
serves
legitimate
police
power
purpose
justify
dolan
city
tigard
refusal
issue
permit
first
time
however
held
condition
unconstitutional
condition
utterly
fails
goal
justify
refusal
nollan
view
condition
constitutional
even
required
nollans
provide
viewing
spot
passersby
whose
view
ocean
obstructed
new
house
although
requirement
constituting
permanent
grant
continuous
access
property
considered
taking
attached
development
permit
commission
assumed
power
forbid
construction
house
order
protect
public
view
beach
must
surely
include
power
condition
construction
upon
concession
owner
even
concession
property
rights
serves
end
ibid
similarly
keystone
bituminous
coal
assn
debenedictis
concluded
million
tons
coal
constitute
separate
segment
property
takings
law
purposes
basis
treating
less
petitioners
coal
separate
parcel
property
johnston
article
also
sets
forth
fair
summary
state
cases
purports
derive
rough
proportionality
test
see
cornell
like
johnston
observed
cases
requiring
rational
nexus
exactions
public
needs
created
new
subdivision
especially
jordan
menomonee
falls
stee
moderate
course
judicial
obstructionism
pioneer
trust
savings
bank
mount
prospect
excessive
deference
billings
properties
yellowstone
county
mont
cornell
dolan
attorney
overstated
danger
suggested
oral
argument
without
requirement
proportionality
city
found
dolan
new
store
increased
traffic
one
additional
vehicle
trip
per
day
required
dedicate
percent
land
widening
main
street
tr
oral
arg
see
ferguson
skrupa
earlier
case
deemed
well
settled
takings
clause
limitation
power
federal
government
pumpelly
green
bay
wall
held
state
may
agencies
disregard
prohibitions
fourteenth
amendment
judicial
authorities
may
keep
within
letter
statute
prescribing
forms
procedure
courts
give
parties
interested
fullest
opportunity
heard
yet
might
final
action
inconsistent
amendment
determining
due
process
law
regard
must
substance
form
chicago
chicago
lochner
refused
presume
reasonable
connection
regulation
state
interest
protecting
public
health
similar
refusal
identify
sufficient
nexus
enlarged
building
newly
paved
parking
lot
state
interests
minimizing
risks
flooding
traffic
congestion
proves
fatal
city
permit
conditions
case
novel
approach
see
keystone
bituminous
coal
assn
debenedictis
explaining
portion
opinion
merely
advisory
ante
entire
explanation
reads
well
settled
doctrine
unconstitutional
conditions
government
may
require
person
give
constitutional
right
right
receive
compensation
property
taken
public
use
exchange
discretionary
benefit
conferred
government
property
sought
little
relationship
benefit
ibid
although
long
history
see
home
ins
morse
wall
unconstitutional
conditions
doctrine
long
suffered
notoriously
inconsistent
application
never
overarching
principle
constitutional
law
operates
equal
force
regardless
nature
rights
powers
question
see
sunstein
unconstitutional
conditions
doctrine
anachronism
rev
doctrine
crude
general
provide
help
contested
cases
sullivan
unconstitutional
conditions
doctrine
riven
inconsistencies
hale
unconstitutional
conditions
constitutional
rights
sustained
many
exertions
power
even
announcing
broad
doctrine
invalidate
majority
case
citations
suggest
ante
modern
decisions
invoking
doctrine
frequently
involved
first
amendment
liberties
see
also
connick
myers
elrod
burns
plurality
opinion
sherbert
verner
speiser
randall
see
posadas
de
puerto
rico
associates
tourism
puerto
rico
greater
power
completely
ban
casino
gambling
necessarily
includes
lesser
power
ban
advertising
casino
gambling
necessary
traditional
breadth
municipalities
power
regulate
property
development
together
absence
fragile
easily
chilled
constitutional
rights
free
speech
dolan
city
tigard
make
quite
clear
really
writing
clean
slate
rather
merely
applying
well
settled
doctrine
see
ante
author
today
opinion
joined
justice
stewart
dissent
moore
east
cleveland
dissenters
found
sufficient
response
argument
zoning
ordinance
arbitrary
regulation
property
rights
ordinance
rational
attempt
promote
city
interest
preserving
character
neighborhoods
young
american
mini
theatres
opinion
stevens
permissible
restriction
use
private
property
euclid
ambler
realty
nectow
cambridge
dissent
went
state
calling
city
task
dolan
city
tigard
failing
explain
need
enacting
ordinance
place
burden
wrong
party
ibid
emphasis
added
recently
two
members
today
majority
severely
criticized
holding
moore
see
carlton
scalia
concurring
judgment
slip
see
also
scalia
concurring
judgment
slip
calling
doctrine
substantive
due
process
oxymoron
dolan
city
tigard
justice
souter
dissenting
case
like
nollan
california
coastal
invites
examine
relationship
conditions
imposed
development
permits
requiring
landowners
dedicate
portions
land
use
public
governmental
interests
mitigating
adverse
effects
development
nollan
declared
need
nexus
nature
exaction
interest
land
beach
easement
nature
governmental
interests
treats
case
raising
question
nature
degree
connection
required
exaction
adverse
effects
development
opinion
announces
test
address
question
read
opinion
apply
test
facts
raise
question
addresses
first
floodplain
greenway
acknowledges
easement
land
open
space
presumably
including
five
feet
required
needed
creek
channel
improvements
reasonably
related
flood
control
see
ante
argues
permanent
recreational
easement
public
greenway
related
see
ante
dolan
city
tigard
lack
proportionality
permit
condition
adverse
effect
lack
rational
connection
exaction
public
recreational
area
governmental
interest
providing
effect
increased
water
runoff
merely
application
nollan
nexus
analysis
notes
petitioner
proposed
development
somehow
encroached
existing
greenway
space
city
reasonable
require
petitioner
provide
alternative
greenway
space
public
ante
course
fact
city
tigard
never
sought
justify
public
access
portion
dedication
related
flood
control
merely
argued
whatever
recreational
uses
made
bicycle
path
edge
either
side
incidental
permit
condition
requiring
dedication
easement
bicycle
path
flood
control
including
open
space
requirements
relocation
bank
river
five
feet
seems
incidental
recreational
use
stand
fall
bicycle
path
city
justified
reference
traffic
congestion
relationship
examines
recreational
easement
purpose
never
put
forth
justification
city
unsurprisingly
finds
recreation
area
unrelated
flood
control
second
bicycle
path
acknowledges
theor
etically
reasonable
relationship
city
attempt
reduce
traffic
congestion
providing
bicycle
path
alternative
means
transportation
ante
correct
finding
city
larger
retail
sales
facility
proposed
petitioner
increase
traffic
streets
central
business
district
ante
faults
city
saying
bicycle
path
rather
offset
increased
traffic
dolan
city
tigard
store
ante
far
tell
application
nollan
holds
stated
connection
offset
traffic
congestion
bicycle
paths
tenuous
bicycle
path
offset
increased
traffic
amount
bicycle
path
said
related
city
legitimate
interest
reducing
traffic
congestion
agree
application
nollan
sound
one
since
appears
placed
burden
producing
evidence
relationship
city
despite
usual
rule
cases
involving
police
power
government
presumed
acted
constitutionally
thus
assigned
burden
concludes
city
loses
based
one
word
instead
despite
fact
record
shows
connection
looks
dolan
put
forward
evidence
burden
granting
dedication
bicycle
path
unrelated
kind
anticipated
increase
traffic
congestion
exists
requirement
relationship
related
degree
dolan
shown
exaction
fails
test
city
contrast
calculated
increased
traffic
flow
result
dolan
proposed
development
trips
per
dolan
city
tigard
day
comprehensive
plan
applied
relied
studies
showing
link
alternative
modes
transportation
including
bicycle
paths
reduced
street
traffic
congestion
see
brief
respondent
quoting
city
tigard
comprehensive
plan
bicycle
pedestrian
pathway
systems
result
reduction
automobile
trips
within
community
nollan
therefore
satisfied
assumption
city
conditions
held
fail
rough
proportionality
test
might
devised
give
meaning
constitutional
limits
members
said
common
zoning
regulations
requiring
subdividers
dedicate
certain
areas
public
streets
accord
constitutional
traditions
proposed
property
use
otherwise
cause
excessive
congestion
pennell
san
jose
scalia
concurring
part
dissenting
part
bicycle
path
permit
condition
fundamentally
different
event
reading
conclusions
city
vulnerability
carry
nollan
gone
already
view
case
suitable
vehicle
taking
law
beyond
point
right
case
enunciation
takings
doctrine
seems
hard
spot
see
lucas
south
carolina
coastal
council
statement
souter
see
goldblatt
hempstead
sperry
majority
characterizes
case
involving
adjudicative
decision
impose
permit
conditions
ante
permit
conditions
imposed
pursuant
tigard
community
development
code
see
app
brief
respondent
adjudication
dolan
requested
variance
permit
conditions
otherwise
required
imposed
code
case
raises
question
discriminatory
reverse
spot
zoning
singles
particular
parcel
different
less
favorable
treatment
neighboring
ones
penn
central
transp
new
york
city
page