Forum

U.S. Supreme Court

Case Status

Decided

Docket Number

Term

2012 Term

Oral Argument Date

January 15, 2013

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Questions Presented

(1) Whether a land-use agency can be held liable for a taking when it refused to issue a land-use permit on the sole basis that the permit applicant did not accede to a permit condition that, if applied, would violate the essential nexus and rough proportionality tests set out in Nollan v. California Coastal Commission (1987) and Dolan v. City of Tigard (1994) (2) whether the nexus and proportionality tests set out in Nollan and Dolan apply to a land-use exaction that takes the form of a government demand that a permit applicant dedicate money, services, labor, or any other type of personal property to a public use.

Case Updates

U.S. Supreme Court says government's demand for property from a land use permit applicant must satisfy constitutional requirements even when it denies the permit

June 25, 2013

The Court reversed the decision of the Florida Supreme Court holding that the government's demand for property from a land use permit applicant must satisfy the Nolan and Dolan requirements even when it denies the permit.

U.S. Chamber files amicus brief

November 29, 2012

The U.S. Chamber urged the Supreme Court to overturn a decision by the Florida Supreme Court that held denial of a permit is not a taking under the Constitution. In this case, the Respondent denied a land development permit to Petitioner because the Petitioner did not agree to perform the off-site “mitigation” the Respondent sought in exchange for the permit. The Chamber argued in its amicus brief that the Constitution's Taking Clause applies in this case because the Court has previously held that if government regulation denies all economically beneficial or productive use of private land, it is a per se taking, which requires government compensation. Additionally, the Chamber argued that the burden lies with the government, not the Petitioner, to prove that this is not the type of action that constitutes a taking.

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