Publication Date
12-1988
Journal
Columbia Law Review
Abstract
The article examines the legal and economic implications of exactions, particularly in light of the Supreme Court's decision in Nollan v. California Coastal Commission. While exactions—requirements imposed on developers to provide municipal benefits—can theoretically promote efficiency and fairness, the analysis suggests that their practical implementation by municipalities is fraught with challenges. These challenges include the potential for inefficiency, unfairness, and arbitrary decision-making, which may undermine their effectiveness and raise constitutional concerns. The article argues that the concerns expressed in Nollan and other cases stem from the fear that exaction schemes could lead to inefficient and unfair municipal behavior, as well as undermine the rule of law.
Volume
88
First Page
1731
Last Page
1731
Publisher
Columbia Law School
Disciplines
Constitutional Law | Housing Law | Jurisprudence | Land Use Law | Law | Property Law and Real Estate
Recommended Citation
Stewart E. Sterk,
Nollan, Henry George, and Exactions,
88
Colum. L. Rev.
1731
(1988).
https://larc.cardozo.yu.edu/faculty-articles/1152
Included in
Constitutional Law Commons, Housing Law Commons, Jurisprudence Commons, Land Use Law Commons, Property Law and Real Estate Commons
Comments
The Jurisprudence of Takings