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What Counts As an Exaction?

By Stewart E. Sterk
January 27, 2005

In Nollan v. California Coastal Commission, 483 US 825, and Dolan v. City of Tigard, 512 US 374, the United States Supreme Court established that constitutional scrutiny of government exactions is more stringent than constitutional scrutiny of other land use controls. Last month, the New York Court of Appeals addressed an issue not fully resolved by Nollan and Dolan: What counts as an exaction for takings clause analysis?

The Smith Case

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