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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- DOLAN v. CITY OF TIGARD
- certiorari to the supreme court of oregon
- No. 93-518. Argued March 23, 1994-Decided June 24, 1994
-
- The City Planning Commission conditioned approval of petitioner
- Dolan's application to expand her store and pave her parking lot
- upon her compliance with dedication of land (1) for a public
- greenway along Fanno Creek to minimize flooding that would be
- exacerbated by the increases in impervious surfaces associated
- with her development and (2) for a pedestrian/bicycle pathway
- intended to relieve traffic congestion in the City's Central Business
- District. She appealed the Commission's denial of her request for
- variances from these standards to the Land Use Board of Appeals
- (LUBA), alleging that the land dedication requirements were not
- related to the proposed development and therefore constituted an
- uncompensated taking of her property under the Fifth Amend-
- ment. LUBA found a reasonable relationship between (1) the
- development and the requirement to dedicate land for a greenway,
- since the larger building and paved lot would increase the impervi-
- ous surfaces and thus the runoff into the creek, and (2) alleviating
- the impact of increased traffic from the development and facilitat-
- ing the provision of a pathway as an alternative means of trans-
- portation. Both the State Court of Appeals and the State Supreme
- Court affirmed.
- Held: The city's dedication requirements constitute an uncompensat-
- ed taking of property. Pp. 8-20.
- (a) Under the well-settled doctrine of ``unconstitutional condi-
- tions,'' the government may not require a person to give up a
- constitutional right in exchange for a discretionary benefit con-
- ferred by the government where the property sought has little or
- no relationship to the benefit. In evaluating Dolan's claim, it
- must be determined whether an ``essential nexus'' exists between
- a legitimate state interest and the permit condition. Nollan v.
- California Coastal Comm'n, 483 U. S. 825, 837. If one does, then
- it must be decided whether the degree of the exactions demanded
- by the permit conditions bears the required relationship to the
- projected impact of the proposed development. Id., at 834.
- Pp. 8-10.
- (b) Preventing flooding along Fanno Creek and reducing traffic
- congestion in the District are legitimate public purposes; and a
- nexus exists between the first purpose and limiting development
- within the creek's floodplain and between the second purpose and
- providing for alternative means of transportation. Pp. 11-12.
- (c) In deciding the second question-whether the city's findings
- are constitutionally sufficient to justify the conditions imposed on
- Dolan's permit-the necessary connection required by the Fifth
- Amendment is ``rough proportionality.'' No precise mathematical
- calculation is required, but the city must make some sort of
- individualized determination that the required dedication is related
- both in nature and extent to the proposed development's impact.
- This is essentially the ``reasonable relationship'' test adopted by
- the majority of the state courts. Pp. 12-16.
- (d) The findings upon which the city relies do not show the
- required reasonable relationship between the floodplain easement
- and Dolan's proposed building. The Community Development Code
- already required that Dolan leave 15% of her property as open
- space, and the undeveloped floodplain would have nearly satisfied
- that requirement. However, the city has never said why a public,
- as opposed to a private, greenway is required in the interest of
- flood control. The difference to Dolan is the loss of her ability to
- exclude others from her property, yet the city has not attempted
- to make any individualized determination to support this part of
- its request. The city has also not met its burden of demonstrating
- that the additional number of vehicle and bicycle trips generated
- by Dolan's development reasonably relates to the city's require-
- ment for a dedication of the pathway easement. The city must
- quantify its finding beyond a conclusory statement that the dedica-
- tion could offset some of the traffic demand generated by the
- development. Pp. 16-19.
- 317 Ore. 110, 854 P. 2d 437, reversed and remanded.
- Rehnquist, C. J., delivered the opinion of the Court, in which
- O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. Stevens, J.,
- filed a dissenting opinion, in which Blackmun and Ginsburg, JJ.,
- joined. Souter, J., filed a dissenting opinion.
-