What is a monetary exaction?
What is a monetary exaction?
– An exaction can take many forms, including: » a conveyance or dedication of property for a public purpose; » a requirement to construct public improvements such as a new. traffic signal; or. » a requirement to pay money to finance acquisition or construction of public facilities.
What is an exaction in property law?
In the development context, an exaction is something the local zoning authority requires a property owner to give to the community, in order to obtain approval to develop land. The “something” can be almost anything: land; a portion of the value of the land; money (a mitigation fee); or other property.
What is an exaction taking?
Exaction – a requirement that the developer provides specified land, improvements, payments, or other benefits to the public to help offset the project’s impacts.
What is the nollan Dolan standard?
The United States Supreme Court’s recent decision in Koontz v. St. City of Tigard, 512 U.S. 374 (“the Nollan/Dolan standard”) to a broader range of land use permitting decisions while providing little guidance as to how reviewing courts will actually apply the expanded doctrine.
Is an exaction a taking?
Land exactions proposed by regulatory bodies must be roughly proportional and bear a nexus to the development permit requested, otherwise the exaction constitutes a taking in violation of the Fifth Amendment.
What is unlawful exaction?
An illegal exaction occurs when the government has illegally required a plaintiff to pay money or property to the government or to a third party.
How did the court rule in Nollan v California Coastal Commission?
5–4 decision for Nollan Justice Scalia held, in a 5-4 opinion, that the Coastal Commission could only place conditions on the Nollans’ development permit to rebuild their home where those conditions substantially furthered government interests that would justify denial of the permit entirely.
What does essential nexus mean?
That means that there must be a nexus, or connection, between the private land owner’s development activity and its impact on public resources, sufficient to justify a demand by the government that the owner give up something (typically land) in exchange for being permitted to proceed with his private activity that …
Who won Nollan v California Coastal Commission?
In a controversial 5-4 ruling, the Supreme Court ruled that a requirement by the CCC was a taking in violation of the Takings Clause of the Fifth Amendment, as incorporated against the states by the Fourteenth Amendment.
What are examples of unjust vexation?
Based on the above parameters, the elements of unjust vexation are: (1) there is a human conduct that unjustly annoys or irritates another person; (2) such human conduct was not attended with violence; (3) such human conduct caused annoyance, irritation, torment, distress or disturbance to the mind of the person to …
What does unjust vexation mean?
The Supreme Court has defined unjust vexation as any human conduct which, although not productive of some physical or material harm, would unjustly annoy or irritate an innocent person.
Which is the best definition of an exaction?
EXACTION, torts. A willful wrong done by an officer, or by one who, under color of his office, takes more fee or pay for his services than what the law allows.
What is an exaction and what is a development condition?
In the development context, an exaction is something the local zoning authority requires a property owner to give to the community, in order to obtain approval to develop land. The “something” can be almost anything: land; a portion of the value of the land; money (a mitigation fee); or other property. There are three basic types of exactions: 1.
What is the difference between exaction and extortion?
the act of exacting; extortion: the exactions of usury. an amount or sum exacted.
What’s the difference between a nexus and an exaction?
Thus, according to Justice Scalia, since there was no nexus the condition was, “not a valid regulation of land, but an out-and-out plan of extortion.” Rough proportionality means that the amount of the exaction must roughly correspond to the burden placed on the government, resulting from the proposed development.