were legitimate public purposes of the underlying regulation and the required regulations were substantially related to those purposes. However, the city had failed to prove that either required dedication was even “roughly proportional” to the impact of Dolan’s development on the legitimate public purposes of preventing flooding and reducing traffic congestion. While a band on development in the flood plain was valid, the city was unable to prove why a public greenway, as opposed to a private one, was required in the interest of flood control. Essential Nexus & Rough Proportionality The tests are cumulative, not alternatives * Each test must be satisfied for an exaction to be valid without compensation. If a condition if a taking by itself, the condition cum regulation is a taking unless the government can prove: The condition is substantially related to the government’s valid regulatory objective The nature and scope of the condition are roughly proportional to the impact of the proposed development Logical order first, establish that the condition would be a taking if imposed independently second, prove that such a condition satisfies the “essential nexus” text third, show that such a condition exacts concessions that are roughly proportional to the development’s impact.
were legitimate public purposes of the underlying regulation and the required regulations were substantially related to those purposes. However, the city had failed to prove that either required dedication was even “roughly proportional” to the impact of Dolan’s development on the legitimate public purposes of preventing flooding and reducing traffic congestion. While a band on development in the flood plain was valid, the city was unable to prove why a public greenway, as opposed to a private one, was required in the interest of flood control. Essential Nexus & Rough Proportionality The tests are cumulative, not alternatives * Each test must be satisfied for an exaction to be valid without compensation. If a condition if a taking by itself, the condition cum regulation is a taking unless the government can prove: The condition is substantially related to the government’s valid regulatory objective The nature and scope of the condition are roughly proportional to the impact of the proposed development Logical order first, establish that the condition would be a taking if imposed independently second, prove that such a condition satisfies the “essential nexus” text third, show that such a condition exacts concessions that are roughly proportional to the development’s impact.