Nollan v. California Coastal Commission [1987]

483 U.S. 825 · Supreme Court of the United States · United States

State and Local Government Lawstate-and-local-government-lawState and Local Government LawUnconstitutional conditions in land use permitting

Issue

Whether a land-use condition requiring a public easement is a taking without nexus to the project's impact.

Held

Yes, there must be an essential nexus between the condition and the impact of the proposed development.

Exam use

Summary

Whether a land-use condition requiring a public easement is a taking without nexus to the project's impact.

Facts

Issue

Whether a land-use condition requiring a public easement is a taking without nexus to the project's impact.

Held

Yes, there must be an essential nexus between the condition and the impact of the proposed development.

Ratio Decidendi

A government may not impose an exaction on a land-use permit unless there is a direct nexus and rough proportionality between the condition and the development's impact.

Reasoning

Essay-Ready Explanation Generator

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Reference to Nollan v. California Coastal Commission (483 U.S. 825) strengthens a State and Local Government Law answer because the case reflects the principle that A government may not impose an exaction on a land-use permit unless there is a direct nexus and rough proportionality between the condition and the development's impact. Applied to a problem question, the case should be used after identifying the issue as Whether a land-use condition requiring a public easement is a taking without nexus to the project's impact. The stronger essay move is to connect the material facts to the court's holding, then explain whether the present facts support the same conclusion or justify distinguishing the authority.

Underlying Concepts

  • state-and-local-government-law
  • State and Local Government Law
  • Unconstitutional conditions in land use permitting
  • case authority
  • exam application

Significance

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