Last year, my partner Ben Rubin reported on the California Supreme Court’s decision in California Building Industry Association v. City of San Jose, which analyzed an inclusionary housing ordinance and held that such...more
Landowners routinely have to give up something in return for a government agency's granting a discretionary permit. Developers are quite familiar with these requirements, as they are consistently compelled to dedicate...more
When a public agency seeks to impose a land exaction on a planned development, the analysis of whether the proposed dedication meets the necessary "essential nexus" and "rough proportionality" tests is often cumbersome and...more
When a public agency seeks to impose a land exaction on a planned development, the analysis of whether the proposed dedication meets the necessary "essential nexus" and "rough proportionality" tests is often cumbersome and...more
As we previewed in our recent "year in review" piece, the U.S. Supreme Court has some takings issues before it this term. One case, Koontz v. St. John's River Water Management District, took center stage yesterday. ...more