The Remedy for a Nollan/Dolan Unconstitutional Conditions Violation

42 Pages Posted: 24 May 2014  

Scott Woodward

Vermont Law School

Date Written: May 22, 2014

Abstract

This paper addresses the remedy question left open by Koontz v. St. John's River Water Management District, decided by the United States Supreme Court in June 2013. It argues that invalidation of the condition is the proper remedy for a violation of the Takings Clause as a result of the imposition of an unconstitutional condition. This conclusion is consistent with past application of the unconstitutional conditions doctrine in numerous U.S. Supreme Court decisions in other contexts and is consistent with numerous other state and federal decision in the land-use exactions context.

Keywords: Koontz, Nollan, Dolan, Takings Clause, Unconstitutional Conditions Doctrine, exactions, takings, Supreme Court

Suggested Citation

Woodward, Scott, The Remedy for a Nollan/Dolan Unconstitutional Conditions Violation (May 22, 2014). Vermont Law Review, Vol. 38, p. 701, 2014. Available at SSRN: https://ssrn.com/abstract=2441013

Scott Woodward (Contact Author)

Vermont Law School ( email )

68 North Windsor Street
P.O. Box 60
South Royalton, VT 05068
United States

Paper statistics

Downloads
54
Rank
310,999
Abstract Views
378