Takings and Extortion

42 Pages Posted: 11 Mar 2015

Date Written: March 9, 2015

Abstract

In a series of controversial decisions the Supreme Court has addressed the constitutionality of governmental exactions that require developers to dedicate land or pay fees as a condition of developing property. Rather than focusing on the questionable doctrinal consistency of these decisions, this article sees them as reflecting an underlying judicial narrative that assumes local governments unfairly "extort" exactions. The article demonstrates how this "extortion narrative" explains the decisions and, if the Court continues to follow it, will lead to further contraction of governmental discretion and possibly to a reformulation of takings law generally. The article then evaluates the foundations of the narrative and concludes that it cannot support the reformulation of exactions takings law on which the Court has embarked.

Suggested Citation

Selmi, Daniel P., Takings and Extortion (March 9, 2015). Florida Law Review, Forthcoming, Loyola-LA Legal Studies Paper No. 2015-11, Available at SSRN: https://ssrn.com/abstract=2575867

Daniel P. Selmi (Contact Author)

Loyola Law School Los Angeles ( email )

919 Albany Street
Los Angeles, CA 90015-1211
United States
(213) 736-1098 (Phone)
(213) 380-3769 (Fax)

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