The Remedy for a Nollan/Dolan Unconstitutional Conditions Violation
42 Pages Posted: 24 May 2014
Date Written: May 22, 2014
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
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